European Trademark System Act 2023

Spain

European Trademark System Act

Proposed by Cllr. James Mizrachi-Roscoe (United Duchies) :: Passed (5-2), December 27th, 2023 :: Unamended

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

I. This document defines 'European Trademark' as Trademark rights granted to a specific Trademark holder and legally recognized in all EU member nations.
II. 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.
III. 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.
IV. 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
V. 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
VI. European Trademarks are granted by the European Trademark Office.
VII. 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.
VIII. 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.
IX. 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

I. 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.
II. 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.
III. 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.
IV. 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.
V. 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.
VI. Members of the European Trademark Office must apply trademark protection without discrimination based on the home nation of the business.

SECTION III. - FUNDING

I. 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.
II. 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

I. When this document is approved by the European Council, the European Trademark System becomes valid in all European Union member nations.
II. Any European Union member nation may declare its intention to withdraw from the European Trademark System.
III. 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.
IV. European Union member nations are encouraged to become part of the European Trademark System.