8-5-5 Focus on REGARD

1. For those purposes, trade marks enabling the products and services of undertakings to be distinguished by identical means throughout the entire Union, frontiers, should feature amongst the legal instruments which undertakings have at their disposal.

2. An EU trade mark is to be an object of property which exists separately from the undertakings whose goods or services are designated by it. Accordingly, it should be capable of being transferred, subject to the overriding need to prevent the public being misled as a result of the transfer. It should also be capable of being charged as security in favour of a third party and of being the subject matter of licences.

3. In order to strengthen the protection of EU trade marks the Member States should designate, their own national system, as limited a number as possible of national courts of first and second instance having jurisdiction in matters of infringement and validity of EU trade marks.

4. Decisions the validity and infringement of EU trade marks must have effect and cover the entire area of the Union, as this is the only way of preventing inconsistent decisions on the part of the courts and the Office and of ensuring that the unitary character of EU trade marks is not undermined.

5. Measures necessary for the implementation of this Regulation should be adopted, particularly fees regulations and an Implementing Regulation, in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission.

6. Written observations made in accordance with Article 69 may also be submitted amended regulations governing use.

7. The Office may facts or evidence which are not submitted in due time by the parties concerned.