Publication and Implementation of CP9 Common Practice

Within the framework of the Convergence Programme promoted by the EUIPO to harmonize criteria and trade mark examination practices at the European level, national offices and the EUIPO have published a series of common communications and criteria relating to certain aspects of trademark examination.

The latest publication is being launched today 1st April 2020 and concerns a Common Practice with regard to the distinctiveness of three-dimensional marks (shape marks) containing verbal and/or figurative elements when the shape is not distinctive in itself, with the aim of establishing a minimum threshold for distinctiveness of shape marks when the shape itself is non-distinctive.

This Common Practice is made public through this Common Communication with the purpose of further increasing transparency, legal certainty, and predictability for the benefit of examiners and users alike. The scope of the Common Practice is the assessment of the overall inherent distinctiveness of shape marks consisting of a non-distinctive shape of the goods themselves, packaging or containers, and other elements to which the shape mark extends, within absolute grounds examination. The IPOI fully supports these initiatives and actively participated in the formulation of this new Common Practices, which can be found here on our website.