EUROPEAN Trademark SYSTEM ACT

BrumBrum

EUROPEAN Trademark SYSTEM ACT
Proposed by James Mizrachi-Roscoe

PREAMBLE
With this document, we, the member nations of the European Union, hereby establish the European Trademark System, to be used throughout the Union and simplify business in the union by requiring only one trademark registration to protect company and organisation brands by submitting one trademark application and allowing businesses to merge multiple existing trademark applications into one EU trademark.

SECTION I. EUROPEAN Trademark

This document defines 'European Trademark' as Trademark rights granted to a specific Trademark holder and legally recognized in all EU member nations.
European Trademarks may be granted to
a. any one person who holds citizenship in any EU member nation; or
b. any one legal person registered in any EU member nation. c.any legal entity, organization or business registered in an EU member nation
European Trademarks may be granted for a 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 field.
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. a proposed trademark too close to an existing trademark in its business or product segment that 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
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.
b. Where it is the first registered trademark for the product or business segment in the EU or where the company can prove it is the first user of that trademark and currently uses the trademark
European Trademarks are granted by the European Trademark Office.
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.
If a European Trademark and a national Trademark conflict, the Trademark issued earlier shall take effect. If they are issued at the same day, the European Trademark shall take effect.
Companies with pre-existing brands before this act 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.

SECTION II. EUROPEAN Trademark OFFICE
1.This document establishes the European Trademark Office (ETO), for the purposes of
a. examining, processing, and approving or denying European Trademark applications; and
b. keeping records of granted European Trademarks; and
c. investigating formal complaints and disputes regarding European Trademark rights.
2.The Board of Applications of the ETO shall
a. examine all filed Trademark applications, their validity and legality; and
b. accept or deny the Trademark application; and
c. consist of a set number of qualified legal experts nominated by the European Council or its subcommittee.
3.The Trademark Archives of the ETO shall
a. be freely accessible by the public; and
b. keep records of all legally valid European Trademarks; and
c. keep records of all European Trademarks that were formerly approved but are no longer valid.
4.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
b. investigate any formal complaints or disputes concerning the legality or validity of a granted European Trademark or a decision by the Board of Applications or deal with any appeals over national court verdicts on trademark infringement disputes or give judgement on cases involving a dispute over multiple ETO member countries including the power to set appropiate fines and calculate financial damage of the infringement to the trademark holder if an infringement is proven ; and
c. has the judicial authority to give verdict in such cases; and
d. can have its verdict overruled by the European Court of Justice.
5.The European Trademark Office shall be governed by a Chairman who
a. is chosen via a direct vote in the European Council; and
b. shall serve a term of one year.
6.a. Members of the European Trademark Office must apply trademark protection without discrimination based on the home nation of the business.

SECTION III. FUNDING
1.Any one European Union member nation may willingly agree to pay a yearly membership fee to the European Trademark Office. This fee
a. grants any persons and/or legal persons registered or holding citizenship in the said member nation to apply for a European Trademark without any additional fees; and
b. is determined yearly by the Department of Finance of the ETO.
2.Persons and/or legal persons registered or holding citizenship in EU member nations that have not paid the ETO membership fee
a. can still normally apply for a European Trademark; however
b. are obliged to pay a fee, determined by the Department of Finance, to the ETO to cover the expenses of the application process.

SECTION IV. WITHDRAWAL FROM THE EUROPEAN Trademark SYSTEM
1.When this document is approved by the European Council, the European Trademark System becomes valid in all European Union member nations.
2.Any European Union member nation may declare its intention to withdraw from the European Trademark System.
3.The European Trademark Office cannot guarantee that Trademarks approved in nations not part of the European Trademark System are recognised in all European Union member nations.
4.European Union member nations are encouraged to become part of the European Trademark System.

Spain

Debate begins NOW and will continue until 08:29 GMT on September 17th, 2023.

Donald Tusk
Council Speaker and Councillor for Spain

BrumBrum

The European Patent system is working well and simplifying bureaucracy for businesses. However there is still a major problem for businesses that devastates small businesses abilities to grow and export. There is not the same for trademarks and copyrights which is another act I intend to introduce to streamline that. Right now if you want to trademark protect your product and brands throughout the EU in over 40 countries in EU and maintain those trademarks in 40 seperate processes . Big companies like Roscoes have entire teams of people just devoted to keeping up with trademarks . We can deal with this though it does add significant cost . Imagine you are a small business or organisation with 10 employees trying to do the same and export , you wouldn't be able to do this so you can't protect your products in your export markets. This is what this act intends to fix. There is nothing out of the ordinary or controversial here, it respects sovereignty by allowing countries to withdraw if they wish though to do so is a disadantage and is based on an existing act on the books. I believe this act would fix thee issue for businesses once and for all streamlining red tape and costs for businesses making business easier across the EU.

James Mizrachi-Roscoe, Councillour for United Duchies

Sertia

I agree with the intentions of this act and I will support it in the vote. I think in order to improve the simplicity and attractiveness of joining the ETS, there ought to be a process to maintain the perpetuity of trademarks who must endure this change. I therefore propose the following amendment:

9.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.

BrumBrum

I thank the right honourable Councillour for Kingdom of Sertia for the amendment. That would indeed be easier on business. If other countries are on board that would be a better system.

James Mizrachi-Roscoe , Councillour for United Duchies

Istkalen

We already live in a walled-off world; we do not need to make the walls higher.

Nevertheless, I propose the following amendments:

AMENDMENT II

SECTION I. EUROPEAN Trademark
....
4. 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

SECTION I. EUROPEAN Trademark
....
4. 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

SECTION I. EUROPEAN Trademark
....
5. 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.
.....
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 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

SECTION II. EUROPEAN Trademark OFFICE
.....
4.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

Iras Tilkanas
Councillor for the Republic of Istkalen

Mishar Republic

We should be taking a more digital and environmentally friendly path and for this reason I'd like to propose the following amendment:

AMENDMENT VI

SECTION I. EUROPEAN Trademark
...

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 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.

BrumBrum

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

BrumBrum

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.

Spain

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