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    EUROPEAN Trademark SYSTEM ACT

    European Council
    7
    21
    2207
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    • Istkalen
      Istkalen EU last edited by 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

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      • Mishar Republic
        Mishar Republic EU last edited by

        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.

        alt text

        BrumBrum 1 Reply Last reply Reply Quote 0
        • BrumBrum
          BrumBrum Commission @Mishar Republic last edited by 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

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          • BrumBrum
            BrumBrum Commission @BrumBrum last edited by 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.

            1 Reply Last reply Reply Quote 1
            • Spain
              Spain last edited by 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

              Section I: EUROPEAN Trademark

              1. 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

              1. 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 - Proposed by Cllr. Iras Tilkannas

              Section I: EUROPEAN Trademark

              1. 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

              1. 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.

              2. 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

              1. 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

              Amendment VI - Proposed by Cllr. Susie Dakota

              Section I: EUROPEAN Trademark

              1. 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.

              Amendment VII - Proposed by Cllr. James Mizrachi-Roscoe

              Section I: EUROPEAN Trademark

              1. 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

              The Kingdom of Spain
              His Majesty the King, Felipe VI
              President Alberto Núñez-Feijóo
              Councillor and Council Speaker Donald Tusk

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              • Mishar Republic
                Mishar Republic EU last edited by

                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

                alt text

                BrumBrum 1 Reply Last reply Reply Quote 0
                • BrumBrum
                  BrumBrum Commission @Mishar Republic last edited by

                  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

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                  • Istkalen
                    Istkalen EU last edited by

                    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

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                    • Spain
                      Spain last edited by

                      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

                      The Kingdom of Spain
                      His Majesty the King, Felipe VI
                      President Alberto Núñez-Feijóo
                      Councillor and Council Speaker Donald Tusk

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                      • Istkalen
                        Istkalen EU last edited by

                        On behalf of the Republic of Istkalen, I vote AGAINST this act.

                        Iras Tilkanas
                        Councillor for the Republic of Istkalen

                        BrumBrum 1 Reply Last reply Reply Quote 0
                        • BrumBrum
                          BrumBrum Commission @Istkalen last edited by

                          On behalf of United Duchies I vote FOR this act
                          James Mizrachi-Roscoe ,Councillour for United Duchies

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                          • California
                            California EU last edited by

                            I, on the behalf of the United Kingdom, I vote FOR this act.

                            Ed Miliband
                            Councillor for the United Kingdom

                            The Commonwealth of California
                            Prime Minister Kamala Harris
                            Governor-General Julia Gillard
                            Councilor Snoop Dogg

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                            • Mishar Republic
                              Mishar Republic EU last edited by

                              On behalf of the Mishar Republic, I vote FOR this act.

                              Councillor for the Mishar Republic, Mrs Susie Dakota

                              alt text

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                              • Yosai
                                Yosai EU last edited by

                                On behalf of the Federal Republic of Yosai I vote FOR this act.

                                Izumi Miwako
                                Councillor for the FEderal Republic of Yosai.

                                1 Reply Last reply Reply Quote 0
                                • Sertia
                                  Sertia EU last edited by

                                  Sertia votes for this act.

                                  Edutitalle Dina

                                  1 Reply Last reply Reply Quote 0
                                  • Spain
                                    Spain last edited by

                                    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
                                    His Majesty the King, Felipe VI
                                    President Alberto Núñez-Feijóo
                                    Councillor and Council Speaker Donald Tusk

                                    1 Reply Last reply Reply Quote 0
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