Traditional trade marks, such as words and figures, have for a long time constituted of visual signs. However, due to the evolution of modern technology and changing marketing methods, non-traditional trade marks have been increasing in todays highly competitive market.1 Consequently, the evolution created legal uncertainties in the European Union (EU) since in order to register a trade mark, it had to be represented graphically. This requirement was difficult to achieve for some non-traditional trade marks which were perceived through other sensed than the sight. On the 1 October 2017, requirement for graphical representation has been amended in the EU Trade Mark Regulation 2017/10012 by a technical neutral requirement which opens up possibilities for registration of European Union trade marks in a more suitable way, using generally available technology. The purpose of this thesis has been to analyse how the abolition of graphical representation and the new wider requirement will affect the registration of non-traditional trade marks in the EU. Signs which have been analysed in the frame of this thesis are: sound, olfactory, three-dimensional, colour, motion, multimedia, holograms, pattern, tactile and taste marks. Conclusively, I found that the technical neutral registration requirement has opened up possibilities for trade mark holders to register new types of marks like multimedia marks. Moreover, it has simplified the registration process for already accepted non-traditional trade marks such as hologram, motion and sound marks. However, the reform has hardly affected the registration process of colour, pattern and three-dimensional marks since their biggest challenge with the registration have been the requirement for distinctiveness. Furthermore, it is currently still not possible to register olfactory, tactile and taste marks. Though the new and flexible amendments indicate that those types of marks may be more easily registered in the future.

Licensing agreements are commonly used when, for instance, exploiting new areas or countries. Trade mark licences are one such example. A trade mark licence gives the proprietor the opportunity to keep its exclusive rights at the same time as another party uses the trade mark in commercial purposes. When licensing an EUTM to a third party, it is possible to include quality control clauses in the agreement in order for the licensor to control that the licensee uses the trade mark correctly. The possibility to include quality control implies that there is no such obligation within EU trade mark law. Yet, in the US, quality control is not only a possibility but also an obligation in order to keep the trade mark registered. Therefore, it is of interest to examine European trade mark law in relation to quality control in licensing. The American view of quality control is examined for illustrative purposes. Within the EU, the essential function of an EUTM means the ability to identify the origin. In addition, one single undertaking is responsible for the quality that is needed for the trade mark to fulfil its essential role in the system of undistorted system. Quality is seen as an economic function of the trade mark and therefore it should not be an obligation to include quality control in trade mark licences. The proprietor should bear the responsibility him- or herself when not including quality control. As a contrast, in the US, the consumers must be protected from deception and therefore it is a requirement for the proprietor to control and maintain the quality by including quality control in trade mark licences. If a trade mark licence does not include quality controls, the licence is considered invalid and the trade mark is considered abandoned. Furthermore, a law and economics perspective is included in the thesis and specifically the theory of TCE and the belonging terms or bounded rationality, opportunism, uncertainty and trust. While the EU seems to value trust more when settling licence agreements, the US seems to value opportunism and uncertainty more due to de fact that consumers must be protected from the proprietors. Since quality control within trade mark licensing appears to lock the proprietor into a situation where it is difficult to differentiate and change the direction of the trade mark, it should not be an obligation to include quality controls in trade mark licences. It should be a privilege for the proprietor to decide on whether to use or not and bear the consequences of that choice.

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The theme of this thesis is the European Union trade mark and its relation to the national trade mark. Three main chapters are devoted to this subject. The first chapter provides a brief introduction to the concept of trade mark in general and its history. The second chapter is about the core of the matter and illustrates the European Union trade mark itself - elements required by the Regulation, the registration process and the trade mark's effects. The next chapter discusses the relationship between the national trade mark and the European Union trade mark as two systems existing next to each other that do influence each other.