• European Union (EU) certification marks are a new type of trade mark at EU level, although they already exist in some national intellectual property systems.
• Certification marks allow a certifying institution or organisation to permit adherents to the certification system to use the mark as a sign for goods or services complying with the certification requirements.

• Provisions for online substantiation of oppositions and cancellations in certain cases from online sources recognised by the Office
• Acquired distinctiveness as a subsidiary claim, allowing the applicant, in practice, to exhaust the right of appeal on inherent distinctiveness before being required to prove acquired distinctiveness
• Codification of EUIPO’s practice (as explained in its Guidelines) on belated evidence of substantiation and proof of use
• A significant simplification of translation requirements
• Assignment of EUTM as a remedy in certain circumstances
• Formal requirements on the structure and format of written evidence in all proceedings (presenting evidence in annexes)
• Hand deliveries and post box deposits will no longer be accepted at the Office
• The EUTMIR and EUTMDR both contain transitional provisions that comprehensively set out when the new procedural rules take effect.

In the area of absolute grounds of refusal the main changes are the following:

• Functional signs (e.g. colour or sound) are now subject to the same prohibitions applied to shape marks.
• The Amending Regulation clarifies the prohibitions related to Protected Designations of Origin (PDO), Protected Geographical Indications (PGI) and other intellectual property titles.
• The possibility of making a declaration disclaiming exclusive rights to non-distinctive elements of trade marks in order to avoid doubts as to the scope of protection has been eliminated.
• The Amending Regulation codifies the current practice as regards invalidity proceedings based on absolute grounds, limiting its examination to the arguments and the grounds provided by the parties.

As regards opposition and cancellation proceedings, the main changes are the following:

• Changes to the start date for the opposition period against international registrations designating the EU. This period will now start one month after the date of publication.
• The Amending Regulation introduces some changes as regards counterclaims before EU trade mark courts. In this respect, EU trade mark courts will not proceed with the examination of counterclaims until either the interested party or the court have informed the Office of the date on which the counterclaim was filed.
• The Amending Regulation imposes on the Office the obligation to inform the EU trade mark court in question of any previous application for revocation or for a declaration of invalidity filed before the Office.

In the area of relative grounds of refusal the main changes are the following:

• Introduction of a separate specific ground of opposition and cancellation on the basis of Protected Designations of Origin (PDO) and Protected Geographical Indications (PGI).
• Changes in one of the dates for determining the obligation to submit proof of use and determining the relevant period. The relevant date will now be the date of filing or priority date of the contested EU trade mark application rather than the date of its publication.
• A series of clarifications in line with existing practice and case law.

The main changes brought about by the Amending Regulation as regards appeal proceedings are the following:

• Elimination of interlocutory revision in inter partes cases, which should result in a shorter overall duration of appeal proceedings in these cases. This is in line with the aim of streamlining proceedings before the Office and taking into account that interlocutory revision of first-instance decisions in inter partes cases was possible only in very exceptional instances (since it required the agreement of both parties).
• Insertion of certain provisions to clarify and codify existing practice regarding ancillary appeals and the date of effect of Board of Appeal decisions. These decisions take effect once the period to bring an action against them has expired or, if an action has been brought within that period, once it has been dismissed by the General Court or, in the case of further appeal, by the Court of Justice.