European Union trade mark: aligning with the new basic Regulation (EU) 2017/1001

The European Parliament decided to raise no objections to the Commission Delegated Regulation of 5 March 2018 supplementing Regulation (EU) 2017/1001 of the European Parliament and of the Council on the European Union trade mark, and repealing Delegated Regulation (EU) 2017/1430.

Parliament recalled that following the codification of Regulation (EC) No 207/2009 by Council Regulation (EU) 2017/1001, the references contained in a delegated regulation should reflect the renumbering of articles resulting from a codification of the basic act.

Delegated Regulation (EU) 2017/1430 supplementing Council Regulation (EC) No 207/2009 on the European Union trade mark and repealing Commission Regulations (EC) No 2868/95 and (EC) No 216/961 should therefore be repealed and the provisions of that delegated regulation should be laid down, with updated references to Regulation (EU) 2017/1001, in the amended delegated regulation.

The amended Delegated Regulation therefore contains no substantive amendments to the Delegated Regulation (EU) 2017/1430. Members considered that the swift publication of the amended delegated regulation in the Official Journal would allow for an early date of application and ensure continuity in the operation of the transitional regime provided for in the final provisions of the amended delegated regulation.