Industrial Property Office

Common Communication on the representation of new types of trade marks


 Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (hereinafter referred to as the “new Trade Mark Directive”) contains provisions further approximating the laws of the Member States relating to trade marks, with regard to both substantive and procedural matters. One of the key changes brought about by the new legislative instruments is the elimination of the graphic representation requirement from the definition of both EU and national trade marks. Such elimination gives rise to the possibility of accepting new types of trade marks, filed in formats not previously provided for by national or regional systems. This document reflects the approach taken or that may be taken by the EUIPO and the Member States IPOs concerning the definitions and representation requirements for the new types of trade marks resulting from the abolishment of the graphical representation requirement. This will assist in the transposition of the new Trade Mark Directive in as harmonised a manner as possible, with the intention of improving legal certainty, predictability and accessibility for users.

Please note that these new types of trade marks (as specified in the Common Communication) cannot be accepted by the Industrial Property Office of the Czech Republic until the amended Act No. 441/2003 Coll., On Trademarks comes into force (January 2019).

Common Communication on the representation of new types of trade marks (pdf, 602 kB)

Overview of the accepted electronic file formats for all types of trade marks by each Office (pdf, 93 kB)