Debate is now over. It is time to vote on the proposed amendments. There are SEVEN amendments up to vote:
Amendment I - Proposed by Cllr. Edutitalle Dína
Section I: EUROPEAN Trademark
- Companies with pre-existing brands before this act
have 1 calendar year from the introduction of the system to apply for trademarks to the ETO after which they are served on a first come first serve basis. will have their trademarks automatically maintained under the ETO unless they would be ineligible for a trademark under the ETO, in which case they must apply to the ETO and be processed on a first come first served basis.
Amendment II - Proposed by Cllr. Iras Tilkannas
Section I: EUROPEAN Trademark
- European Trademarks may not be granted for
a. Single letter names
b. Common cultural symbols or landmarks of a culture or member state
c. generic words used to describe a product in general
d.where it is a proposed trademark too close to an existing trademark in its business or product segment and that could legitimately cause confusion between it and an existing companies products within a business or product segment
Amendment III - Proposed by Cllr. Iras Tilkannas
Section I: EUROPEAN Trademark
- European Trademarks may not be granted for
a. Single letter names
b. Common cultural symbols or landmarks of a culture or member state
c. generic words used to describe a product in general
d. where it is too close to an existing trademark in its business or product segment and could legitimately cause confusion between it and an existing companies products within a business or product segment
e. words and/or phrases in common use at the time of registration
Amendment IV - Proposed by Cllr. Iras Tilkannas
Section I: EUROPEAN Trademark
-
European Trademarks may be granted for
a. In perpetuity, The use of recognizable insignia, phrase, design, word, or symbol or combination of these elements that denotes a specific product and legally differentiates it from all other products of its kind or company brand name in a business segment.
-
European Trademarks must be maintained annually for a nominal fee or by a simple (free) filing. Failure to keep a European Trademark current and active shall result in automatic expiration, 6 months from the date an annual fee / filing is considered missed. There shall be a grace period of 30 days in which a late fee / filing may be paid / made after its due date before it is considered missed.Letters and notification shall be sent to the owners at the annual payment date of the payment, 3 months afterwards and a further 3 months later. As long as the annual fee is paid the trademark shall be maintained in perpetuity.
Amendment V - Proposed by Cllr. Iras Tilkannas
Section II: EUROPEAN Trademark OFFICE
- The Board of Appeal and Enforcement of the ETO shall
a. consist of a set number of qualified legal experts nominated by the European Council or its subcommittee; and
Amendment VI - Proposed by Cllr. Susie Dakota
Section I: EUROPEAN Trademark
- European Trademarks must be maintained annually for a nominal fee or by a simple (free) filing. Failure to keep a European Trademark current and active shall result in automatic expiration, 6 months from the date an annual fee / filing is considered missed. There shall be a grace period of 30 days in which a late fee / filing may be paid / made after its due date before it is considered missed.
Letters and notification shall be sent Digital notifications/messages shall be mandated to be sent through nations eGovernment services. Member states that don't offer eGovernment services shall mail letters to the owners. Digital notifications/messages and letters shall be sent at the annual payment date of the payment, 3 months afterwards and a further 3 months later. As long as the annual fee is paid the trademark shall be maintained in perpetuity.
Amendment VII - Proposed by Cllr. James Mizrachi-Roscoe
Section I: EUROPEAN Trademark
- European Trademarks must be maintained annually for a nominal fee or by a simple (free) filing. Failure to keep a European Trademark current and active shall result in automatic expiration, 6 months from the date an annual fee / filing is considered missed. There shall be a grace period of 30 days in which a late fee / filing may be paid / made after its due date before it is considered missed.Letters and physical and/or digital notifications shall be sent to the owners at the annual payment date of the payment, 3 months afterwards and a further 3 months later. As long as the annual fee is paid the trademark shall be maintained in perpetuity.
I must note that Amendments IV, VI and VII are in conflict one to another. Voting on amendments will commence NOW and will last until 16:38 GMT on October 26th, 2023.
Donald Tusk
Council Speaker and Councillor for Spain