CP15 Common Practice Comparison of goods and services

In a comparison of goods and services, an interpretation of the wording of the list of goods and services is required, in particular, where the terms used are not sufficiently clear and precise to enable the competent authorities and economic operators to determine, on that sole basis, the scope of protection given to the mark, pursuant to Article 39(2) of the Trade Mark Directive (EU) 2015/2436.  In addition, the comparison of goods and services involves comparing the goods and/or services concerned based on certain criteria, such as the Canon criteria, and other relevant comparison factors used in practice.

Following an analysis, the EUIPO, together with the Member States’ Intellectual Property Offices (MS IPOs), the Benelux Office for Intellectual Property, the User Associations that form part of the User Group, and WIPO, have developed the CP15 Common Practice to assist examiners, applicants, and their representatives.

The CP15 Common Practice (Comparison of goods and services: treatment of terms lacking clarity and precision and common interpretation of Canon criteria and other factors) provides general principles for comparing goods and services, focusing on terms lacking clarity and precision, the common interpretation of the Canon criteria and other factors.  It also includes examples to illustrate the agreed principles. 

To access CP15 and all common practices please click on this link Trade Marks Practice and procedures - IPOI.

For further information including access to this document in 22 languages please click on this link EUIPN.