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Amendments to Trademark Laws

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Nov 25, 2014 (Newsletter Issue 18/14)
WIPO
Show Agreement

Change in Examination of International Registrations Designating EU


The International Bureau of the World Intellectual Property Organization (WIPO) would like to bring to the attention of applicants, holders, Offices of the Contracting Parties and users of the Madrid System at large, that, as from 1 October 2014, the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM) examines the indication of goods and services as listed in international registrations where the European Union has been designated (either in an international application or subsequent designation), for vague terms.

This change brings the OHIM practice in line with that of the European Union national and regional Intellectual Property Offices, as previously outlined in the Common Communication on the implementation of “IP Translator” dated 20 February 2014.

The change in practice affects all international registrations, where the European Union has been designated (either in an international application or subsequent designation), notified by the International Bureau of WIPO to OHIM on or after 1 October 2014.

As a result, if a term, used in a list of goods and services covered by an international registration where the European Union has been designated (either in an international application or subsequent designation), is considered by OHIM as being too broad or too vague, and lacking clarity and precision, OHIM may issue a notification of provisional refusal with respect to the said registration.

A list of 11 terms considered by OHIM as being too broad or too vague, and lacking clarity and precision, is reproduced in the Annex.

For further information on this change in practice, please contact directly OHIM or consult the Guidelines for Examination in OHIM on Community Trade Marks, Part M, International Marks.

Source: www.wipo.int