Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

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# 91997E1888

**WRITTEN QUESTION No. 1888/97 by Amedeo AMADEO to the Commission. Community trademark/international registration of marks** 
  
*Official Journal C 060 , 25/02/1998 P. 0061*

  

WRITTEN QUESTION E-1888/97 by Amedeo Amadeo (NI) to the Commission (2 June 1997)

Subject: Community trademark/international registration of marks

With reference to the 'Proposal for a Council Decision approving the accession of the European Community to the Protocol relating to the Madrid Agreement concerning the International Registration of Marks, adopted at

Madrid on 27 June 1989' (COM(96) 0367 final - 96/0190 CNS) ((OJ C 293, 5.10.1996, p. 11. )) and the 'Proposal for a Council Regulation (EC) amending Regulation (EC) No 40/94 of 20 December 1993 on the Community trademark to give effect to the accession of the European Community to the Protocol relating to the Madrid Agreement concerning the international registration adopted at Madrid on 27 June 1989' (COM(96) 0372 final - 96/0198 CNS) ((OJ C 300, 10.10.1996, p. 11. )),

the Council adopted Regulation (EC) No 40/94 ((OJ L 11, 14.1.1994, p. 1. )) on the Community trademark (henceforth 'the Regulation') on 20 December 1993;

the Regulation establishes the Community trademark system giving trademarks (for goods and services) unitary protection throughout the territory of the European Community on the basis of a single application for registration;

the Office for Harmonization in the Internal Market, based in Alicante, began accepting applications for the registration of Community trade marks on 1 January 1996 and became fully operational on 1 April 1996;

the Madrid Protocol also became operational on that date, having entered into force on 1 December 1995;

the European Community's accession to the Protocol relating to the Madrid Agreement concerning the international registration of marks is welcome;

the insertion of Title XIII into Council Regulation (EC) No 40/94 is welcome; will the Commission, however, propose measures to harmonize legislation in the designs and models sector?

Answer given by Mr Monti on behalf of the Commission (10 July 1997)

The Commission welcomes the support of the Honourable Member for the two proposals concerning the Community's accession to the Madrid Protocol and the amendment to the Regulation on the Community trademark giving effect to that accession.

As regards the suggestion that the Commission propose initiatives with a view to harmonising legislation in the designs and models sector, the Commission would inform the Honourable Member that in December 1993 it presented two proposals on this subject. The first was a proposal for a Parliament and Council Regulation on the creation of a Community system for the legal protection of designs and models ((COM(93) 344. )), the second a proposal for a Parliament and Council Directive on the legal protection of designs and models aimed at harmonising certain aspects of national law in this area ((COM(93) 342. )). The former is currently still before Parliament awaiting an opinion. The Council adopted a joint position on the latter on 17 June 1997. The text will be forwarded to Parliament for a second reading.

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