Activities of Jürgen CREUTZMANN related to 2013/0088(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 207/2009 on the Community trade mark
Amendments (9)
Amendment 28 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EC) No 207/2009
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
The first subis paragraph shall only apply where the use made by the third party is in accordance with honest practices in industrial or commercial matters.
Amendment 32 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EC) 207/2009
Article 15 – paragraph 1
Article 15 – paragraph 1
In Article 15(1), the first subparagraph is replaced by the following: If, within a period of five years following registration, the proprietor has not put the Community trade mark to genuine use in a Member State or a part thereof in connection with the goods or services in respect of which it is registered, or if such use has been suspended during an uninterrupted period of five years, the Community trade mark shall be subject to the sanctions provided for in this Regulation, unless there are proper reasons for non-use.
Amendment 33 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EC) 207/2009
Article 27
Article 27
The date of filing of a European trade mark application shall be the date on which documents containing the information specified in Article 26(1) are filed with the Agency by the applicant, subject to payment of the application fee for which the order for payment shall have been given at the latest on that datewithin a period of one month of filing the abovementioned documents.
Amendment 34 #
Proposal for a regulation
Article 1 – paragraph 1 – point 28
Article 1 – paragraph 1 – point 28
Regulation (EC) 207/2009
Article 28 – paragraph 8 – subparagraph 1
Article 28 – paragraph 8 – subparagraph 1
Proprietors of European trade marks applied for before 22 June 2012 which are registered solely in respect of the entire heading of a Nice class, may declare that their intention on the date of filing had been to seek protection in respect of goods or services beyond those covered by the literal meaning of the heading of that class, provided that the goods or services so designated are included in the alphabetical list for that class of the edition of the Nice classification in force at the date of filing.
Amendment 35 #
Proposal for a regulation
Article 1 – paragraph 1 – point 28
Article 1 – paragraph 1 – point 28
Regulation (EC) 207/2009
Article 28 – paragraph 8 – subparagraph 2
Article 28 – paragraph 8 – subparagraph 2
The declaration shall be filed at the Agency within 4twelve months from the entry into force of this Regulation, and shall indicate, in a clear, precise and specific manner, the goods and services, other than those clearly covered by the literal meaning of the indications of the class heading, originally covered by the proprietor's intention. The Agency shall take appropriate measures to amend the Register accordingly. This possibility is without prejudice to the application of Articles 15, 42(2), 51(1)(a) and 57(2).
Amendment 36 #
Proposal for a regulation
Article 1 – paragraph 1 – point 30
Article 1 – paragraph 1 – point 30
Regulation (EC) 207/2009
Article 30 – paragraph 1 – subparagraph 1
Article 30 – paragraph 1 – subparagraph 1
Amendment 39 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40 a (new)
Article 1 – paragraph 1 – point 40 a (new)
Regulation (EC) 207/2009
Article 42 – paragraph 4
Article 42 – paragraph 4
(40a) In Article 42, paragraph 4 is replaced by the following: The Agency may, if it thinks fit, invite the parties to make a friendly settlement, preferably before the formal start of opposition proceedings. In doing so, the Agency shall include information on available mediation proceedings and specialised mediation services, including services provided by external mediators accredited by the Agency. Where the parties decide to make a friendly settlement during the opposition proceedings, the Agency shall grant both parties reasonable extensions to conclude the mediation process.
Amendment 40 #
Proposal for a regulation
Article 1 – paragraph 1 – point 50 a (new)
Article 1 – paragraph 1 – point 50 a (new)
Regulation (EC) 207/2009
Article 57 – paragraph 4
Article 57 – paragraph 4
(50a) Article 57 (4) is replaced by the following: The Agency may, if it thinks fit, invite the parties to make a friendly settlement, preferably before the formal start of cancellation proceedings. In doing so, the Agency shall include information on available mediation proceedings and specialised mediation services, including services provided by external mediators accredited by the Agency. Where the parties decide to make a friendly settlement during the opposition proceedings, the Agency shall grant both parties reasonable extensions to conclude the mediation process.
Amendment 51 #
Proposal for a regulation
Article 1 – paragraph 1 – point 110
Article 1 – paragraph 1 – point 110
Regulation (EC) 207/2009
Article 144 – paragraph 2
Article 144 – paragraph 2
The amounts of the fees referred to in paragraph 1 shall be fixed at such level as to ensure that the revenue in respect thereof is in principle sufficient for the budget of the Agency to be balanced while avoiding the accumulation of significant surpluses. Without prejudice to Article 139(4), the Commission shall reviewmay reduce the level of fees should a significant surplus become recurrent. If this review does not lead to a reduction or modification in the level of fees which has the effect of preventing the further accumulation of a significant surplus, the surplus accumulated after the review shall be transferred to the budget ofAny significant surplus accumulated in spite of such revision shall be used to promote harmonisation, convergence and excellence of the protection of intellectual property rights in the Union.