Activities of Jürgen CREUTZMANN related to 2013/0089(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council to approximate the laws of the Member States relating to trade marks (Recast)
Amendments (2)
Amendment 16 #
Proposal for a directive
Recital 34
Recital 34
(34) In order to improve and facilitate access to trade mark protection and to increase legal certainty and predictability, the procedure for the registration of trade marks in the Member States should be efficient and transparent and should follow rules similar to those applicable to European trade marks. With a view to achieving a consistent and balanced trade mark system both at national and Union level, all the central industrial property offices of the Member States should therefore limit their examination ex officio of whether a trade mark application is eligible for registration to the absence of absolute grounds for refusal only. This should however not prejudice the right of those offices to provide, upon request of applicants, searches forex officio or upon request, searches for earlier rights as well as notifications to proprietors of earlier rights on a purely informative basis and without any prejudice to or binding effect on the further registration process, including subsequent opposition proceedings.
Amendment 28 #
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
The offices shall limit their examination ex officio of whether a trade mark application is eligible for registration to the absence of the absolute grounds for refusal provided for in Article 4. This provision shall be without prejudice to the possibility for offices to provide searches and notifications with regard to earlier rights on a purely informative basis and provided that such searches and notifications have no binding effect on the further registration process, including on subsequent opposition proceedings.