Procedures on the European trade marks from parties rights perspective

Abstract

This article aims to analyze the procedural aspects of the European system of trade marks, especially those that have an impact on the essential rights of the parties. The Treaty of Lisbon constitutionlises a serie of rights, enshrined in the art. 41 Charter of Fundamental Rights of the European Union under the designation of «right to good administration», that European Administration is required to comply with, in any field of implementation of European law. The study of existing regulation on trade marks registration procedure in the European Union and those others who derived therefrom, will allow us to determine in which extent such essential rights are guaranteed, as well as to highlight other aspects, both positive or negative, that characterize them.