Activities of Giuseppe GARGANI related to 2013/0088(COD)
Plenary speeches (1)
Community trade mark - Laws of the Member States relating to trade marks (debate)
Amendments (6)
Amendment 80 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Trademarks must confer on their proprietors exclusive rights which must be protected in the course of trade. In this connection ‘the course of trade’ should be understood as covering all trade-related operations, including import, export, production, transit and trans-shipment, taking place on EU territory, even where the products concerned are not intended for release onto the EU market.
Amendment 88 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure legal certainty and safeguard trade mark rights legitimately acquired, it is appropriate and necessary to lay down, without affecting the principle that the later trade mark cannot be enforced against the earlier trade mark, that proprietors of European trade marks should not be entitled to oppose the use of a later trade mark when the later trade mark was acquired at a time when the earlier trade mark could not be enforced against the later trade mark. When carrying out checks, customs authorities must make use of the powers and procedures laid down in EU legislation regarding customs enforcement of intellectual property rights.
Amendment 100 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EC) No 207/2009
Article 4 – introductory part
Article 4 – introductory part
A European trade mark may consist of any signs, in particular words, including personal names, designs, models, motifs, devices, logos, letters, numerals, colours as such, the shape of goods or of their packaging, or sounds, provided that such signs are capable of
Amendment 111 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 207/2009
Article 9 – paragraph 3 – point c
Article 9 – paragraph 3 – point c
(c) importing or exportproducing or entering for a suspensive procedure, importing or exporting, re-exporting or trans-shipping the goods under that sign;
Amendment 116 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 207/2009
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The proprietor of a European trade mark shall also be entitled to prevent the importing into the European Union of goods referred to in paragraph 3(c) where only the consignor of the goods acts forin the context of commercial purposesactivity.
Amendment 120 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 207/2009
Article 9 – paragraph 5
Article 9 – paragraph 5
5. The proprietor of a European trade mark shall also be entitled to prevent all third parties from bringing goods, in the context of commercial activity, into the customs territory of the Union without beingtheir being intended for released for free circulation there, where such goods, including packaging, come from third countries and bear without authorization a trade mark which is identical or similar to the European trade mark registered in respect of such goods in accordance with paragraph 2, points (a), (b) and (c) of this article, or which cannot be distinguished in its essential aspects from that trade mark.'; The customs authorities shall, inter alia on a complaint from the right holder, carry out appropriate checks based on risk analysis criteria on goods in transit through the territory of the Union on their way to a third country which are suspected of infringing an intellectual property right for which protection has been sought.