European community issues

In July 2009, the European Commission published an invitation to tender for a Study on the Overall Functioning of the Trade Mark System in Europe. This followed pressure from the UK with support from other Member States to review the framework for the Community trade mark and in particular to consider three issues: the complementary relationship between the Community and national rights; the deficiencies in the system; and, the need for greater harmonisation of practice across the Community.

The Max Planck Institute (MPI) was awarded the contract in October 2009. Following a presentation of its preliminary findings in March 2009, the EU's Competitiveness Council identified certain areas about which it would expect the Commission to present proposals for legislative revision. These areas broadly covered the areas of concern above and included:

a. cooperation between the OHIM and the National Offices

b. improving harmonisation of tools and practices across the EU

c. fair distribution of an amount equivalent to 50% of OHIM’s renewal fees

The UK will be taking a keen interest in the conclusions of the final report which is due in December 2010.