The OHIM and the national offices have today published a statement on their interpretation of the seminal IP Translator decision which provides a very useful comparison of where we were and where we are regarding national practices.  The Communication can be accessed on the OHIM website here and it will also be published on the national office websites.  The accompanying text states:

Common Communication on the Implementation of IP Translator

Following the publication of the IP Translator judgment in June 2012, OHIM and the National IP offices of the EU have been discussing the interpretation of the Nice class headings in various meetings. As a first result of those discussions, the National Offices and OHIM have today published on their respective websites a Common Communication on the interpretation of the IP Translator judgment.

This Communication shows how each Trade Mark Office interprets the scope of protection of their national trade marks and of Community Trade Marks containing all general indications of one or more classes, filed before and after the judgment, with the details displayed using an overview composed of six annexes.

At the same time, OHIM has included this approach in its Manual concerning Opposition, Part 2, Identity and Likelihood of Confusion, Chapter 2: comparison of goods and services.

This change to the Manual has been done following a fast-track procedure, which is an exceptional procedure in order to have the newly adopted practice reflected immediately for our examiners and users.

Further revision of the Manual for adoption into Guidelines will follow the complete cycle of consultations rounds.

For anyone finishing up before heading for Dallas, the IP Translator fall-out, ONEL / OMEL and the EU trade mark reform proposals will be amongst the hot topics addressed in a session entitled "What’s New at OHIM and the CJEU? An Update on European Union Trademark Law" on Tuesday May 7 10.15am -11.30am involving Ellen Gevers of Knijff and ONEL / OMEL fame, the renowned IP litigator Prof. Dr. Christian Rohnke of White & Case LLP Hamburg and yours truly, Niamh Hall of FRKelly.