HomeInsightsEuropean Commission announces evaluation of Trade Mark Regulation (2017/1001/EU)


In accordance with Article 210 of the Regulation, the evaluation covers the assessment of:

  • implementation of the Regulation;
  • the legal framework for cooperation between the EUIPO and Member State IP offices and the Benelux Office, paying particular attention to the financing mechanism in Article 152 of the Regulation; and
  • the impact, effectiveness and efficiency of the EUIPO and its working practices, examining the possible need to modify the mandate of the EUIPO and the financial implications of any such modification.

On 26 April 2022, the European Court of Auditors (ECA) published a report on EU intellectual property rights (IPRs). It assessed the protection of IPRs in EU trade marks, designs and geographical indications in the single market, whether IPRs are sufficiently enforced, and whether the EU IPR regulatory framework works properly.

The ECA’s main conclusion was that the EU’s framework for the protection of IPRs is generally solid and robust, but it found some flaws in the governance and accountability framework, methodology for determining fees, consistency in decision-making and criteria for financial support to Member States. The Commission’s evaluation will take into account the results of the ECA report.

The Commission held a Call for Evidence from 7 November to 5 December 2022. The Commission will not be holding a public consultation, instead relying on the results of EUIPO’s regular consultations with users of its services. The Commission may also issue targeted consultations and questionnaires to stakeholders. For further information on the evaluation and to read the feedback received to date, click here.