EUIPO - Common Communications (CP1-CP5) & Training Materials (CP3)
IP Offices and User Associations have been cooperating to converge examination practices and standards since the European IP Network was established in 2011. Together, they identify areas of trade mark and design practice in which convergence would be most beneficial for network stakeholders, and work to agree on the implementation of common principles based on relevant Court decisions and IP Offices best practices. In doing so, they seek to create a European IP system that is more efficient, predictable and accessible to its stakeholders
As part of the ongoing collaboration between EUIPO and the National Offices, the Common Practices previously published are reviewed to ensure that they are kept up to date, accessible and adequately promoted in an efficient and effective manner. Arising from this, we wish to advise of some developments in relation to the following common practices:
CP1. Acceptability of Classification Terms and the General Indications of the Nice Class Headings
CP2. Interpretation of Scope of Protection of Nice Class Headings (formerly Implementation of ‘IP Translator’)
CP3. Distinctiveness - Figurative Marks containing descriptive/non-distinctive words
CP4. Scope of Protection of Black and White (B&W) Marks
CP5. Relative Grounds – Likelihood of Confusion (Impact of Non-Distinctive/Weak Components)
In brief, the new CP1 document is a consolidation of the previous Common Communication on the Acceptability of Classification Terms and Common Communication on the General Indications of the Nice Class Headings, with an updated introduction and template. The new CP2 document includes a revised title, an updated introduction, and the most recent information on IPO practices regarding the scope of protection of Nice class headings. The supplementary CP3 training materials is a new resource that includes IPO examples to illustrate Common Practice principles, case studies and relevant case-law.
In addition, the CP3, CP4 and CP5 documents have been updated. The revised documents and material may be accessed by using the links listed below:
CP1: EN_CP1_Updated Common Communication_final.docx (tmdn.org)
CP2: EN_CP2_Updated Common Communication_final.docx (tmdn.org)
CP3 training material: EN_CP3 training materials.pptx (tmdn.org)
CP3: c03b97cd-7c0a-45c7-8f80-39e753166afa (tmdn.org)