EUIPO and member offices: common communications updated
The European Union Intellectual Property Office (EUIPO) and the offices of the EU member states have updated the following communications:
- Read the communication on the acceptability of classification terms and the general indications of the Nice class headings (CP1). Open link in a new tab
- Read the communication on the interpretation of scope of protection of Nice class headings (formerly Implementation of ‘IP translator’) (CP2).Open link in a new tab
These updates are due to the implementation of the trademark directive 2015/2436 in the member states, and, in particular, the changes caused by Article 39(5) to the interpretation of the scope of classification.
In addition, the EUIPO and the offices of the EU member states have updated the format and terminology of the communications below. No changes have been made to the principles, the legal content or the examples of the documents:
- Read the communication: Scope of protection of black and white (“B&W”) marks (CP4)Open link in a new tab
- Read the communication: Distinctiveness – Figurative marks containing descriptive/non-distinctive words (CP3)Open link in a new tab
- Read the communication: Relative grounds – Likelihood of confusion (impact of non-distinctive/weak components) (CP5)Open link in a new tab
In addition, new training material has been created to complement the CP3 material published earlier. Go to the new training material about the distinctiveness of figurative marks.Open link in a new tab
The purpose of the communications is to harmonise the practices of the offices and to increase transparency and predictability. The communications are updated regularly to reflect the developing positions of the member states.
The Finnish Patent and Registration Office (PRH) participated in the preparation of the communications CP1, CP2 and CP4 and has, for its part, approved them. The PRH strives to follow the principles presented in CP3 and CP5 whenever possible.
You will find all common practices mentioned above on our website at prh.fi.
For further details, please contact:
Senior Legal Officer
Tel. +358 29 509 5523