BETA

Activities of Cecilia WIKSTRÖM related to 2013/0088(COD)

Plenary speeches (4)

2016/11/22
Dossiers: 2013/0088(COD)

2016/11/22
Dossiers: 2013/0088(COD)

2016/11/22
Dossiers: 2013/0088(COD)

2016/11/22
Dossiers: 2013/0088(COD)

Reports (2)

RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 207/2009 on the Community trade mark and Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) PDF (160 KB) DOC (77 KB)

2016/11/22
Committee: JURI
Dossiers: 2013/0088(COD)
Documents: PDF(160 KB) DOC(77 KB)

2016/11/22
Committee: JURI
Dossiers: 2013/0088(COD)
Documents: PDF(852 KB) DOC(971 KB)

Amendments (38)

Cecilia WIKSTRÖM

Proposal for a regulation
Recital 29

(29) In order to provide for an effective and efficient regime for the filing of European trade mark applications including priority and seniority claims, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying the means and modalities of filing a European trade mark application, the details regarding the formal conditions of a European trade mark application, the content of that application, ~~the type of application fee,~~ as well as the details on the procedures for ascertaining reciprocity, claiming the priority of a previous application, an exhibition priority and the seniority of a national trade mark.

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Recital 32

(32) In order to allow European trade marks to be renewed in an effective and efficient manner and to safely apply the provisions on the alteration and the division of a European trade mark in practice without compromising legal certainty, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying the ~~modalities~~procedure for the renewal of a European trade mark and procedures governing the alteration and division of a European trade mark.

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Recital 36

(36) In order to allow for an effective and efficient use of European collective and certification marks, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying the ~~periods for submitting~~formal content of the regulations governing the use of those marks ~~and the content thereof~~.

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Recital 38

(38) In order to ensure a smooth, effective and efficient operation of the European trade mark system, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying the requirements as to the form of decisions, the details on oral proceedings and the modalities of taking of evidence, the modalities of notification, the procedure for the noting of loss of rights, the means of communication and the forms to be used by the parties to proceedings, the rules governing the calculation and duration of time limits, the procedures for the revocation of a decision or for cancellation of an entry in the Register and for the correction of obvious errors in decisions and errors attributable to the Agency, the modalities of the interruption of proceedings and the procedures concerning the apportionment and fixing of costs, the particulars to be entered in the Register, ~~the details concerning the inspection and keeping of files,~~ the modalities of publications in the European Trade Marks Bulletin and in the Official Journal of the Agency, the modalities of administrative cooperation between the Agency and the authorities of Member States, and the details on representation before the Agency.

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – point 10 – point b

Regulation (EC) No 207/2009
Article 7 – paragraph 2 – point b

(b) only where a trade mark in a foreign language or script is translated or transcribed in any script or official language of a Member State; the applicant shall provide a translation or transcription in the language of the application upon request by the Agency.';

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM, Rebecca TAYLOR

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EC) No 207/2009
Article 9 – paragraph 5 a (new)

5a. Member states shall take appropriate measures with regards to ensuring the smooth transit of generic medicines. Therefore a proprietor of a trade mark shall not have the right to prevent any third parties from bringing goods, in the context of commercial activity, into the customs territory of the Member State based upon similarities, perceived or actual, between the international non- proprietary name (INN) for the active ingredient in the medicines and a registered trademark.

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – paragraph 1 – point 15

Regulation (EC) No 207/2009
Article 13 – paragraph 1

(15) In Article 13(1)~~, the words ‘in the Community’ are~~ is replaced by the following: '1. A European trade mark shall not entitle the proprietor to prohibit its use in repla~~ced by ‘in the European Economic Area’.;~~tion to goods which have been put on the market in the European Economic Area under that trade mark by the proprietor or with his consent, or that have been sold to individual consumers in accordance with Article 9(4) '.

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – point 30

Regulation (EC) No 207/2009
Article 30 – paragraph 1

1. Priority claims shall be filed together with the European trade mark application and shall include the date, number and country of the previous application. The applicant shall file a copy of the previous application within three months from the filing date. If the previous application is an application for a European Union trade mark, the Agency shall ex officio include a copy of the previous application in the file.

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – point 33

Regulation (EC) No 207/2009
Article 35a – point b

(b) the details regarding the formal content of the application for a European trade mark referred to in Article 26(1)~~, the type of fees payable for the application referred to in Article 26(2), including the number of classes of goods and services covered by those fees,~~ and the formal conditions of the application referred to in Article 26(3);

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – point 45

Regulation (EC) No 207/2009
Article 49 a – point a

(a) the procedur~~al modalities~~e for the renewal of the European trade mark pursuant to Article 47, including the type of fees to be paid;

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – point 46

Regulation (EC) No 207/2009
Article 50 – paragraph 3

3. Surrender shall be entered only with the agreement of the proprietor of a right entered in the Register. If a licence has been registered, surrender shall be entered in the Register only if the proprietor of the trade mark proves that he has informed the licensee of his intention to surrender; this entry shall be made on expiry of a period ~~established in accordance with Article 57a(a)~~of three months after the date on which the proprietor of the trade mark satisfies the Agency that he has informed the licensee of his intention to surrender it.

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – point 51

Regulation (EC) No 207/2009
Article 57 a – point a

(a) the procedure governing the surrender of a European trade mark set out in Article 50~~, including the period referred to in paragraph 3 of that Article~~;

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – point 56

Regulation (EC) No 207/2009
Article 65 a – point a

(a) the formal content of the notice of appeal referred to in Article 60 and the procedure for the filing and the examination of an appeal;

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – point 56

Regulation (EC) No 207/2009
Article 65 a – point b

(b) the formal content and form of the Board of Appeal's decisions referred to in Article 64;

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – point 60

Regulation (EC) No 207/2009
Article 67 – paragraph 1

(60) In Article 67(1)~~, the words 'within the period prescribed' are replaced by '~~ is replaced by the following: '1. An applicant for a European Union collective mark shall submit regulations governing its use within ~~the~~a period ~~prescribed in accordance with Article 74a~~of two months after the date of filing.';

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – point 62

Regulation (EC) No 207/2009
Article 74 a

The Commission shall be empowered to adopt delegated acts in accordance with Article 163 specifying the ~~period referred to in Article 67(1) for submitting~~formal content of the regulations governing use of the European collective mark ~~to the Agency and the content of those regulations~~ as set out in Article 67(2).

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – point 63

Regulation (EC) No 207/2009
Article 74 c – paragraph 1

1. An applicant for a European certification mark shall submit regulations governing the use of the certification mark within ~~the~~a period ~~prescribed in accordance with Article 74k~~of two months after the date of filing.

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – point 63

Regulation (EC) No 207/2009
Article 74 k

The Commission shall be empowered to adopt delegated acts in accordance with Article 163 specifying the ~~period referred to in Article 74c(1) for submitting~~formal content of the regulations governing use of the European certification mark ~~to the Agency and the content of those regulations~~ as set out in Article 74c(2).';

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – point 68

Regulation (EC) No 207/2009
Article 79 c – paragraph 1

1. T~~he calculation and duration of time limits shall be subject to the rules adopted in accordance with Article 93a(f)~~ime limits shall be laid down in periods of full years, months, weeks or days. Calculation shall start on the day following the day on which the relevant event occurred.

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – point 71

Regulation (EC) No 207/2009
Article 82 a

~~When interrupting or resuming proceedings, the Agency shall comply with the modalities set out in accordance with Article 93a(i).';~~ 1. Proceedings before the Agency shall be interrupted: (a) in the event of the death or legal incapacity of the applicant for or proprietor of a European Union trade mark or of the person authorized by national law to act on his behalf. To the extent that the above events do not affect the authorization of a representative appointed under Article 89 of the Regulation, proceedings shall be interrupted only on application by such representative; (b) in the event of the applicant for or proprietor of a European Union trade mark, as a result of some action taken against his property, being prevented for legal reasons from continuing the proceedings before the Agency; (c) in the event of the death or legal incapacity of the representative of an applicant for or proprietor of a European Union trade mark or of his being prevented for legal reasons resulting from action taken against his property from continuing the proceedings before the Agency. (2) When, in the cases referred to in paragraph 1 (a) and (b), the Agency has been informed of the identity of the person authorized to continue the proceedings before the Agency, the Agency shall communicate to such person and to any interested third parties that the proceedings shall be resumed as from a date to be fixed by the Agency. (3) In the case referred to in paragraph 1 (c), the proceedings shall be resumed when the Agency has been informed of the appointment of a new representative of the applicant or when the Agency has notified to the other parties the communication of the appointment of a new representative of the proprietor of the European Union trade mark. If, three months after the beginning of the interruption of the proceedings, the Agency has not been informed of the appointment of a new representative, it shall inform the applicant for or proprietor of the European Union trade mark: (a) where Article 92(2) of the Regulation is applicable, that the European Union trade mark application will be deemed to be withdrawn if the information is not submitted within two months after this communication is notified; or (b) where Article 92(2) of the Regulation is not applicable, that the proceedings will be resumed with the applicant for or proprietor of the European Union trade mark as from the date on which this communication is notified. (4) The time limits, other than the time limit for paying the renewal fees, in force as regards the applicant for or proprietor of the European Union trade mark at the date of interruption of the proceedings, shall begin again as from the day on which the proceedings are resumed.

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – point 73

Regulation (EC) No 207/2009
Article 85 – paragraph 1

(73) In Article 85(1)~~, the words 'under the conditions laid down in the Implementing Regulation' are replaced by 'under the conditions laid down in accordance with Article 93a(j)~~ is replaced by the following: '1. The losing party in opposition proceedings, proceedings for revocation, proceedings for a declaration of invalidity or appeal proceedings shall bear the fees incurred by the other party as well as all costs, without prejudice to Article 119(6), incurred by him essential to the proceedings, including travel and subsistence and the remuneration of an agent, adviser or advocate, within the limits of the scales set for each category of costs [...].';

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – point 75

1. The Agency shall keep a Register~~, which shall contain those particulars the registration or inclusion of which is provided for by this Regulation or by a delegated act adopted pursuant to this Regulation. The Agency shall~~ of European trade marks and keep theis Register up to date.

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – point 77

Regulation (EC) No 207/2009
Article 89 – paragraph 1 – point a

(a) a European Trade Marks Bulletin containing entries made in the Register as well as other particulars ~~the publication of which is prescribed by this Regulation or by delegated acts adopted in accordance with this Regulation~~;

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – point 78

Regulation (EC) No 207/2009
Article 92 – paragraph 2 – subparagraph 2

By way of derogation from the first subparagraph, the natural or legal persons referred to in that subparagraph need not be represented before the Agency in the cases provided for in accordance with Article 93a(p).';deleted

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – point 78

Regulation (EC) No 207/2009
Article 92 – paragraph 4

~~'4. Where the conditions established in accordance with Article 93a(p) are fulfilled, a common representative shall be appointed.';~~deleted

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – point 78

Regulation (EC) No 207/2009
Article 92 – paragraph 5

~~'5. A person may be removed from the list of professional representatives under the conditions established in accordance with Article 93a(p).';~~deleted

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – point 80

Regulation (EC) No 207/2009
Article 93 a – point j

(j) the procedures concerning the apportionment and fixing of costs, as referred to in Article 85~~(1)~~;

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – point 80

Regulation (EC) No 207/2009
Article 93a – point k

(k) the particulars to be entered in the Register referred to in Article 87~~(1)~~;

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – point 80

Regulation (EC) No 207/2009
Article 93 a – point l

(l) the procedure for the inspection of files provided for in Article 88, including the parts of the file excluded from inspection, and the modalities of the keeping of files of the Agency provided for in Article 88(5);deleted

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – point 80

Regulation (EC) No 207/2009
Article 93 a – point p

(p) derogations from the obligation to be represented before the Agency pursuant to Article 92(2), the conditions under which a common representative shall be appointed ~~pursuant to Article 92(4)~~, the conditions under which employees referred to in Article 92(3) and professional representatives referred to in Article 93(1) must file with the Agency a signed authorisation in order to be able to undertake representation, the content of that authorisation, and the conditions under which a person may be removed from the list of professional representatives ~~referred to in Article 93(5)~~.';

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – paragraph 1 – point 99

(ma) he may submit to the Commission any proposal to amend this Regulation, the delegated acts adopted pursuant to this Regulation and any other rules applying to European trade marks after consulting the Management Board and, in the case of fees and budgetary provisions of this regulation, the Budget Committee;

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – point 113

Regulation (EC) No 207/2009
Article 147 – paragraph 5

~~5. The international application shall fulfil the formal conditions established in accordance with Article 161a(a).~~deleted

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – point 115

Regulation (EC) No 207/2009
Article 149 – second sentence

~~'The request shall fulfil the formal conditions established in accordance with Article 161a(c).';~~deleted

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – point 117

Regulation (EC) No 207/2009
Article 154 a

Where an international registration is based on a basic application or basic registration relating to a collective mark, certification mark or guarantee mark, the ~~Agency shall comply with the procedures provided for in accordance with Article 161a(f).';~~international registration designating the European Union shall be dealt with as a European Union collective mark. The holder of the international registration shall submit the regulations governing use of the mark as provided for in Article 67 directly to the Agency within a period of two months from the date on which the International Bureau notifies the international registration to the Agency.

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – point 120

Regulation (EC) No 207/2009
Article 158 c

The Agency shall transmit requests to register a change in ownership, a license or a restriction of the holder's right of disposal, the amendment or cancellation of a license or the removal of a restriction of the holder's right of disposal which have been filed with it to the International Bureau ~~in the cases specified in accordance with Article 161a(h)~~.';

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – point 122

Regulation (EC) No 207/2009
Article 161 a – point a

(a) the formal conditions of an international application ~~referred to in Article 147(5)~~, the procedure for the examination of the international application pursuant to Article 147(6) and the modalities of forwarding the international application to the International Bureau pursuant to Article 147(4);

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – point 122

Regulation (EC) No 207/2009
Article 161 a – point c

(c) the formal conditions of a request for territorial extension ~~as referred to in Article 149(2)~~, the procedure for the examination of those conditions and the modalities of forwarding the request for territorial extension to the International Bureau;

2013/10/31
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 1 – point 122

Regulation (EC) No 207/2009
Article 161 a – point k

(k) the modalities of communications between the Agency and the International Bureau, including the communications to be made pursuant to Articles ~~147(4),~~148a, 153(2) and 158c.';

2013/10/31
Committee: JURI