The Study on the Functioning of the European Trade Mark System

Abstract

As an element in the comprehensive evaluation of European trade mark law currently undertaken by the European Commission, the Max Planck Institute was given the task to carry out a Study on the Overall Functioning of the European Trade Mark System. This article presents a summary report on the contents and findings of the Study. Following a brief introduction (Part A), Part B refers to the programmatic objectives and principles of the European trade mark system. Parts C and D resume the analyses and proposals regarding topical issues of the substantive and procedural law, including the politically contentious issue of what constitutes “genuine use” of a Community Trade Mark. Parts E and F concern the functions currently performed by the Office for Harmonization in the Internal market (OHIM) and their possible improvement as well as the enhancement of coherence and collaboration between OHIM and the national offices; finally, in Part G, proposals for further harmonization are submitted. As a follow-up contribution to the Study the Max Planck Institute has produced synopses of the Trade Mark Directive (TMD) and the Community Trade Mark Regulation (CTMR), showing in which way the current texts would have to be amended if the proposals were accepted. Those amendments (hereinafter p-TMD and p-CTMR) are referenced throughout the text of this article. The Study and the synopses are available on the website of the Max Planck Institute.

Keywords: Community Trade Mark, European Trade Mark Law, Max Planck Study, genuine use, OHIM, harmonization of trade mark law