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Okt 28, 2015 (Newsletter Issue 16/15)
EUIPO
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Notice on Practice of Distinctiveness - Figurative Marks


The IP offices of the European Trade Mark and Design Network have agreed on a Common Practice in relation to when a figurative mark, containing purely descriptive/non-distinctive words, passes the absolute grounds examination because the figurative element renders sufficient distinctive character.

The project was initiated by the Office for Harmonization in the Internal market (OHIM) because there was a notable divergence among national European IP offices and the OHIM.

The Notice on the Common Communication on the Common Practice of Distinctiveness - Figurative Marks containing descriptive/non-distinctive words is published here
and for explanations to the (FAQ) on Common Practice CP 3. Distinctiveness - Figurative Marks containing descriptive/non-distinctive words please click here.

Source: www.dpma.de and www.tmdn.org