EUROPEAN Trademark SYSTEM ACT
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I agree with you on digital notifications which the Duchies indeed uses in its systems as part of the mix. However I worry your amendment restricts and limits methods too much and by making it so specific you leave no room for new technologies in the future.I believe notification is broad enough to include digital and email methods of notification. By defining specific methods so tightly you risk actually restricting the means by which the system or governments communicate with the trademark holders.I also fear your amendment falls foul of accessibility and disability rights by potentially making the system inaccessible to many disabled trademark holders.
James Mizrachi-Roscoe Councillour for United Duchies
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In response to concerns by the Mishar representitive I propose the following amendment:
Amendment VII
7.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. -
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 isa proposed trademark too close to an existing trademark in its business or product segmentandthat 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
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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 Councilor 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 sentDigital 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 - Companies with pre-existing brands before this act
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On behalf of the Mishar Republic, I vote FOR amendments I, II, III, VII, AGAINST amendments IV, VI, and I abstain from voting on amendment V.
Cllr. Mrs. Susie Dakota
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On behalf of United Duchies I vote for Ammendments I, II and VII and Against all other amendments
James Mizrachi-Roscoe, Councillour for United Duchies -
On behalf of the Republic of Istkalen, I vote FOR Amendments II, III, IV, V, and VII, and AGAINST amendments I and VI.
Iras Tilkanas
Councillor for the Republic of Istkalen -
Voting on the amendments has concluded. The voting results are the following:
- With 2 votes FOR and 1 vote AGAINST, Amendment I has PASSED.
- With 3 votes FOR and none AGAINST, Amendment II has PASSED.
- With 2 votes FOR and 1 vote AGAINST, Amendment III has PASSED.
- With 1 vote FOR and 2 votes AGAINST, Amendment IV has FAILED.
- With 1 vote FOR, 1 vote AGAINST and 1 vote ABSTAINING, Amendment V has FAILED.
- With no votes FOR and 3 AGAINST, Amendment VI has FAILED.
- With 3 votes FOR and none AGAINST, Amendment VII has PASSED.
The proposal has been updated accordingly.
I would like to apologise for the severe delays. Final voting begins NOW and will last until 17:05 GMT on December 12th, 2023.
On behalf of the Kingdom of Spain, I vote AGAINST this act.
Donald Tusk
Council Speaker and Councillor for Spain -
On behalf of the Republic of Istkalen, I vote AGAINST this act.
Iras Tilkanas
Councillor for the Republic of Istkalen -
On behalf of United Duchies I vote FOR this act
James Mizrachi-Roscoe ,Councillour for United Duchies -
I, on the behalf of the United Kingdom, I vote FOR this act.
Ed Miliband
Councillor for the United Kingdom -
On behalf of the Mishar Republic, I vote FOR this act.
Councillor for the Mishar Republic, Mrs Susie Dakota
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On behalf of the Federal Republic of Yosai I vote FOR this act.
Izumi Miwako
Councillor for the FEderal Republic of Yosai. -
Sertia votes for this act.
Edutitalle Dina
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Voting has now concluded. With 5 votes FOR and 2 votes AGAINST, this bill has PASSED.
Donald Tusk
Council Speaker and Councillor for Spain
The Kingdom of Spain
