Activities of Antonio LÓPEZ-ISTÚRIZ WHITE related to 2013/0089(COD)
Legal basis opinions (0)
Amendments (8)
Amendment 65 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
b) being represented in both their publication and their entry in the register in a manner which enables the competent authorities and the public to determine the precise subject of the protection afforded to its proprietor.
Amendment 71 #
Proposal for a directive
Article 5 – paragraph 3 – point d
Article 5 – paragraph 3 – point d
Amendment 95 #
Proposal for a directive
Article 42 – paragraph 2 a (new)
Article 42 – paragraph 2 a (new)
2a. Member States establishing opposition procedures based on absolute grounds covered by Article 4 shall not be required to implement this provision.
Amendment 96 #
Proposal for a directive
Article 45 – paragraph 1
Article 45 – paragraph 1
1. Member States shall provide for an efficient and expeditious administrative procedure before their offices for opposing the registration of a trade mark application on the grounds provided for in Article 5.
Amendment 97 #
Proposal for a directive
Article 45 – paragraph 2
Article 45 – paragraph 2
2. The administrative procedure referred to in paragraph 1 shall provide that at least the proprietor of an earlier right referred to in Article 4(1)(i), Article 5(2) and (3) shall be able to file a notice of opposition.
Amendment 98 #
Proposal for a directive
Article 45 – paragraph 3
Article 45 – paragraph 3
3. The parties shall be granted, a period of time of at leastt their joint request, a minimum of two months beforein the opposition proceedings commence in order to negotiate the possibility of an amicable settlement between the opposing party and the applicant.
Amendment 101 #
Proposal for a directive
Article 46 – paragraph 1
Article 46 – paragraph 1
1. In administrative opposition proceedings, Member States may provide that, where at the filing date or date of priority of the later trade mark, the period of five years within which the earlier trade mark must have been put to genuine use as provided for in Article 16 had expired, upon request of the applicant the proprietor of the earlier trade mark who has given notice of opposition shallmust furnish proof that the earlier trade mark has been put to genuine use as provided for in Article 16 during the period of five years preceding the filing date or date of priority of the later trade mark, or that proper reasons for non- use existed. In the absence of proof to this effect the opposition shall be rejected.
Amendment 102 #
Proposal for a directive
Article 47 – paragraph 1
Article 47 – paragraph 1
1. Member States shallmay provide for an administrative procedure before their offices for revocation or declaration of invalidity of a trade mark.