Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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New look for EUIPO login
EUIPO has announced that the login screen for the EUIPO user area will have a slightly updated design from 15 February 2025.
The change is part of the Office’s effort to enhance security. The new system includes advanced security measures to prevent unauthorised access to accounts.
The username, password and login process will remain the same.
Note that the login screen includes the EUIPO logo at the top of the page and on the tab marker. The web address starts with https://login.euipo.europa.eu.
If any users have questions or concerns they can contact EUIPO by email at customercare@euipo.europa.eu or telephone +34 96513 9100.
Picture taken from EUIPO website
Posted by: Blog Administrator @ 17.20Tags: EUIPO,



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A short video series on copyright
The MARQUES Copyright Team has produced the first of a series of short videos on copyright.
Each video is a minute or two long and features members of the Team discussing an aspect of copyright.
The first video addresses the question “Why have a Copyright Team?” and the second covers “Common Misconceptions”.
The video series has been produced by the Team and the MARQUES Secretariat to help brand owners understand the key principles of copyright law and address questions that often arise.
The videos are short, direct and optimised for social media.
MARQUES will be sharing all the videos on Instagram, Facebook, LinkedIn and X. You can also view them on the MARQUES website here.
Tags: copyright, video, Copyright Team,



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SME Fund 2025 launched
The SME Fund 2025 was launched on 3 February 2025.
With a focus on sustainability, digitalisation and global competitiveness, the fifth edition of the SME Fund scheme will cover a range of IP rights, including trade marks, designs, patents, plant varieties, and the IP Scan service.
The SME Fund scheme aims to:
- Foster innovation: Help SMEs leverage their intellectual property to boost their growth and drive transformative solutions.
- Reaching out to more SMEs: Encourage more SMEs to take advantage of the funds and services available.
- Support SMEs in their IP strategies: Support businesses through the IP scan to create IP portfolios to enhance their potential and protect their innovations.
The SME Fund is an initiative of EUIPO, the European Commission and the European Union Intellectual Property Network.
Since the first pilot initiative in 2021, more than more than 72,000 SMEs have been financially supported.
In 2024, 31,779 applications were received from SMEs, with 29,097 applications for the trade mark or design voucher.
The Office is hosting a webinar on 18 February, providing insights and guidance on maximising the benefits of the SME Fund.
Picture taken from EUIPO website
Posted by: Blog Administrator @ 09.44Tags: SME Fund 2025, EUIPO,



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EUTM applications grow by 2.7%
In 2024, EUIPO received 180,451 EU trade mark applications, a 2.7% increase compared to 2023, according to data published by EUIPO Director João Negrão.
57% of the applications came from the EU, with German companies accounting for 12% of EUTM applications, followed by Italy (7.6%), Spain (6.7%), France (4.8%) and Poland (3.9%).
China accounted for more than 15% of filings and increased by 16% over 2023. Other large non-EU filing countries included the USA (9.4%), the UK (4.4%) and Switzerland (2.2%).
The top 10 Nice classes were present in about 53% of EUTM filings, with class 35 (Advertising, Business Management, class 9 (Electrical Apparatus) and class 42 (Technological Services) the most frequently occurring classes. Among the top 10 classes, class 5 (Pharmaceutical Preparations) had the highest growth in 2024, up more than 5% over 2023.
The number of opposition decisions taken by EUIPO declined by 6.4% in 2024, while cancellation decisions rose by 7.9%.
“This is a reflection of efforts made to reduce the stock of pending opposition decisions, allowing the examiners to focus on clearing the pending cancellation proceedings. Also, the Office is making an active effort to encourage parties to such proceedings to look for amicable settlements, including making use of EUIPO’s Mediation Centre,” said Mr Negrão.
The number of appeal decisions rose by 1.1% in 2024.
The SME Fund received close to 32,000 requests in 2024 and has received more than 100,000 requests since 2021.
“I wish to acknowledge the positive dynamic showed by innovative business in the EU and worldwide in 2024, as well as thank all our users for the trust they have placed, once again, in the EUIPO,” said Mr Negrão.
Picture sent by EUIPO
Posted by: Blog Administrator @ 17.09Tags: EUTM, EUIPO,



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Domain name disputes in Türkiye
In a follow-up to their post on the Class 46 blog about the 81st ICANN meeting, Mutlu Yıldırım Köse and Baran Güney explore domain name disputes and online enforcement in Türkiye.
The Role of TRABIS
TRABIS (the .tr Network Information System), established by the Turkish Information and Communication Technologies Authority (BTK), became operational on 14 September 2022 and undertook the management of .tr domain names.
Upon the introduction of TRABIS, the first-come, first-served principle entered into use for the allocation of domain names such as com.tr, org.tr, net.tr, gen.tr, biz.tr, tv.tr, web.tr, info.tr, bbs.tr, tel.tr and name.tr. The obligation to submit any documents to prove the rights of the applicant was abolished.
The introduction of the first-come, first-served principle necessitated an effective dispute resolution mechanism for domain name disputes. Dispute Resolution Service Providers, which are accredited by TRABIS, have started to handle the alternative dispute resolution process regarding .tr domain names.
The regulatory rules and proceedings are in parallel to the Uniform Domain-Name Dispute-Resolution Policy (UDRP) system. The Dispute Resolution Service Providers shall decide to cancel the disputed domain name and/or transfer it to the complainant based on the choice of the complainant if the following conditions are cumulatively met:
- The subject domain name is similar or identical to the trade mark, trade name, business name or other identifying signs owned or used by the complainant in trade;
- The registrant of the domain name has no legitimate interests in respect of the domain name; and
- The domain name is registered or used in bad faith by the registrant.
The alternative dispute resolution mechanism, allowing the litigation-free resolution of domain name disputes for .tr domain names, operates in an effective and beneficial manner.
Online Enforcement in Türkiye
In cases of online infringement of industrial property rights and copyright, various actions can be pursued, including civil actions, criminal actions, preliminary injunctions and notice-and-takedown procedures.
Online infringement of IP rights
The legal basis of trade mark infringement is regulated under Articles 7 and 29 of the Intellectual Property Code (IP Code). Article 29 of the IP Code states that imitating a trade mark or using a mark that is indistinguishably similar – through actions such as selling, distributing, importing or offering products – constitutes trade mark infringement.
Article 7 of the IP Code gives registered trade mark owners the right to block the unauthorised use of identical or similar marks, including online. This also applies to cases where the trade mark is used in domain names, redirect codes, or keywords that could cause confusion.
"Intermediary service providers or platforms are not liable for illegal content posted by users as per the general principle ... However, they may be held accountable if they fail to remove such content after receiving proper notice from the rights holder." |
In such cases, legal action can be taken to determine if there is an infringement, to cease it and to seek both material and moral compensation.
If the conditions are met, a request for a preliminary injunction (PI) can be filed either as a standalone application or as part of the main court action and if the PI is granted the courts may temporarily block access to the relevant websites within Türkiye. These decisions are geographically limited and do not prevent the infringing content from being accessible in other countries.
In the case of trade mark infringement, a criminal complaint can also be filed under Article 30 of the IP Code. This article stipulates that individuals who engage in trade mark infringement – such as by imitating a trade mark or causing confusion through the production, sale, import or transport of infringing goods – may face imprisonment for one to three years and a judicial fine of up to 20,000 days.
Regarding notice and takedown, intermediary service providers or platforms are not liable for illegal content posted by users as per the general principle. Article 5 of the Law on the Regulation of Broadcasts via Internet and Prevention of Crimes Committed through Such Broadcasts states: “(1) Host provider is not obligated to check the content it hosts or to investigate whether it is against to law. (2) Host provider is obliged to remove the content that is against the law if it is notified according to Articles 8 and 9 of this Law.”
However, they may be held accountable if they fail to remove such content after receiving proper notice from the rights holder. We have a specific provision under E-Commerce Law No 6563 which states that platforms are required to remove the content within 48 hours of receiving a complaint accompanied by evidence of the IP violation. Failure to remove the content or republishing it after it is proven illegal may result in an administrative fine for the platform.
In 2023, an annulment application was filed to challenge the notice-and-takedown related provisions of E-Commerce Law before the Council of State and the Constitutional Court. The Council of State has suspended key provisions of the regulation, including those related to notice-and-takedown procedures.
While the annulment cases are still pending and no final decision has been made, the relevant provisions of the E-Commerce Law remain in effect. However, enforcement of these provisions under the E-Commerce Regulation has been suspended.
Online infringement of copyright
"Ongoing regulatory and procedural refinements are essential to ensure effective enforcement and equitable resolution mechanisms" |
In cases of infringement of moral or economic rights, a lawsuit can be filed to determine, prevent, and rectify the infringement, along with claims for material and moral damages. A request for a preliminary injunction can also be made. In cases of copyright infringement, criminal action can be pursued, with penalties including imprisonment and judicial fines for violations of moral, economic, and related rights.
Under Additional Article 4, a basic notice-and-takedown mechanism is established. In cases of online copyright infringement, the rights holder must first notify the content provider and request that the infringement cease within three days.
If the infringement continues, the rights holder may apply to the public prosecutor, requesting that the service provider suspend services to the infringing content provider within an additional three days. Upon application to the public prosecutor, an expert examination is typically ordered, which can take several weeks before a decision is made on the notice-and-takedown request.
Conclusion: refinements needed
The 81st ICANN meeting underscored the importance of evolving global internet governance, particularly through advancements in the New gTLD Program and initiatives such as the Registration Data Request Service (RDRS). While these developments highlight strides toward inclusivity and accessibility, challenges such as voluntary participation and procedural inefficiencies persist.
Türkiye’s efforts in managing domain name disputes through TRABIS and addressing online IP infringements reflect a robust approach to adapting international frameworks to local needs.
However, ongoing regulatory and procedural refinements are essential to ensure effective enforcement and equitable resolution mechanisms. As the digital landscape continues to grow, both global and local measures must evolve to balance innovation with fair governance and protection of rights.
Mutlu Yıldırım Köse and Baran Güney are members of Gün + Partners in Turkey. Mutlu is also a member of the MARQUES Cyberspace Team
Posted by: Blog Administrator @ 08.51Tags: Turkiye, domain names, TRABIS,



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Green claim trade marks in China
Registered trade marks containing green claim wordings are likely to ensure consumer trust for the designated goods/services. Therefore, it is critical for the trade mark authority to carefully examine such trade marks to prevent misleading advertising.
In this article, Melanie Zhu of the MARQUES China Team discusses the current practice and criteria for examining such trade marks in mainland China, with a focus on the challenges and recent trends.
Definition of green claim trade marks
According to EU Directive 2024/825 of 28 February 2024, green claim trade marks include trade marks that contain words making generic environmental claims, i.e. ‘environmentally friendly’, ‘eco-friendly’, ‘eco’, ‘green’, ‘nature’s friend’, ‘ecological’, ‘environmentally correct’, ‘climate friendly’, ‘gentle on the environment’, ‘carbon friendly’, ‘carbon neutral’, ‘carbon positive’, ‘climate neutral’, ‘energy efficient’, ‘biodegradable’, ‘biobased’ or similar statements as well as broader statements such as ‘conscious’ or ‘responsible’ that suggest or create the impression of excellent environmental performance.
The aim of this directive is to ensure that environmental labels and claims are credible and trustworthy, which will allow consumers to make better-informed purchasing decisions.
There is no definition and no specific regulation concerning green claim trade marks in mainland China at this stage.
Current practice in mainland China
In accordance with the China Trade Mark Law (Article 10.1.7), Implementation Regulations, Trade Mark Examination and Adjudication Guide 2021, trade marks encompassing words that are likely to mislead the public about the function, quality, origin, effectiveness etc of the designated goods/services should not be granted. In this sense, we believe green claim trade marks should be regulated by this Article.
The CTMO (China Trade Mark Office) maintains the principle that trade marks should distinguish the origin of the goods/services without implying quality or effectiveness.
"The CTMO has become increasingly strict with trade marks containing green claim wordings, rejecting them on absolute grounds" |
In this sense, the CTMO has become increasingly strict with trade marks containing green claim wordings, rejecting them on absolute grounds.
Even if applicants could provide evidence to prove the goods/services are environmentally friendly, the CTMO would still reject such green claim trade marks on the ground that it is beyond the CTMO’s examination scope and capacity to check and ensure the goods/services do have claimed features and effectiveness, and also beyond its capacity to inspect the goods/services in commerce to ensure they still have the claimed effective during the valid period of the registered trade marks.
Search findings
While it is challenging to determine the exact number of registered or rejected green claim trade marks due to the vast array of expressions in Chinese, we tried most popular and typical green claim words in both English and Chinese expressions, and summarize the findings for consideration:
eco-friendly and 环保 (eco-friendly in Chinese)
- Applications for the identical “eco-friendly” or “环保” were all rejected.
- There are around 50 registered marks encompassing “echo-friendly” in Class 1, 2, 3, 5, 6, 7, 8, 9, 11, 16, 17, 18, 19, 20, 21, 24, 25, 26, 28, 29, 30, 31, 32, 35, 36, 39, 40, 41, 42.
- There are over 1100 registered marks encompassing “环保” in Class 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,11,12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, 30, 31, 32, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45.
energy efficient/saving and 节能 (energy efficient/saving in Chinese)
- Applications for the identical “energy efficient/saving” or “节能” were all rejected.
- There are around 50 registered marks encompassing “energy efficient/saving” in Class 4, 6, 7, 9, 10, 11, 12, 16, 28, 35, 37, 38, 39, 40, 41 ,42 ,45.
- There are over 1400 registered marks encompassing “节能” in Class 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,11,12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45.
Sustainable and 可持续 (sustainable in Chinese), recyclable & 可循环 (recyclable in Chinese)
- Surprisingly, there are 5 registrations for the identical “Sustainable” and/or its corresponding Chinese in class 4, 9, 12, 18, 36, 38, as well as 2 registrations for the identical “recyclable” in class 1, 5 but none for identical “recyclable in Chinese” on the registrar.
- There are over 230 registered marks encompassing “sustainable” and over 20 registered marks encompassing “可持续” in various goods and services classes.
- There are fewer than 10 registered marks encompassing “recyclable” and also fewer than 10 registered marks encompassing “可循环/可再生” in various goods and services classes.
Green and 绿色 (green in Chinese)
- This is a tricky one, as “green” inherently refers to a kind of colour, but is now more and more used to describe the clean energy, pollution-free foodstuffs etc. This secondary meaning of “green” made it a sensitive word to be included in a trade mark. Though there are numerous registered trade marks that include “green” on the registrar, we have seen the CTMO began to reject applications for trade marks containing “green” in the classes of foodstuffs, energy and electric equipment in recent years
Observations and trends
Increasing stringency in trade mark examination. For the rejected applications for the trade marks composed of the above green claim wordings, it is unknown whether the rejections were due to being misleading (Article 10.1.7) or lack of distinctiveness (Article 11) as the refusal notifications are not made public.
Historical versus recent registrations. Almost all of the existing registrations composed of the above green claim wordings were granted at least eight years ago, while recent applications (either in English or in Chinese) were all rejected.
Lapse and Invalidation of green claim trade marks. Some existing registrations containing such green claim wordings were lapsed due to non-renewal, non-use cancellation or invalidation in recent years.
Decreasing registrations and global alignment. A noticeable trend is the decreasing number of registered marks containing these green claim wordings, indicating the CTMO is aligning with international standards to ensure that environmental claims are credible and not misleading.
Conclusion: caution needed
"Applicants should be cautious when developing new trade marks to avoid including the green claim wording, relying on marketing activities to deliver the environmental technology/performance of the products/services." |
In mainland China, the examination criteria for trade marks containing green claim wordings have become more and more stringent in recent years, reflecting a commitment to prevent misleading consumers and stick to the fundamental function of trade marks.
While there is no specific regulation for green claim trade marks, the existing legal framework provides a basis for the CTMO to reject trade marks that may mislead the public about the environmental performance of goods or services.
Applicants should be cautious when developing new trade marks to avoid including the green claim wording, relying on marketing activities to deliver the environmental technology/performance of the products/services. This strategy ensures compliance with trade mark laws while effectively conveying the eco-friendly attributes of their offerings.
Melanie Zhu leads the trade mark team for Rouse International in Shanghai and is a member of the MARQUES China Team
Posted by: Blog Administrator @ 08.42Tags: China, CTMO, green claims, ,



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Reminder: Geographical Indications Conference 2025
As previously mentioned on the Class 46 blog, EUIPO is hosting a geographical indications (GI) conference titled “Safeguarding our Heritage, Cultivating our Future” on 28 and 29 January 2025.
The conference is organised in collaboration with the European Commission (the Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, DG GROW, and the Directorate-General for Agriculture and Rural Development, DG AGRI).
It is a hybrid event and will cover the latest developments in both craft and agricultural GIs. In-person capacity has been reached, but it is still possible to participate online.
There will be simultaneous translation into English, Spanish, Italian, French, and German both for attendees in Alicante and those joining online.
The full programme is available on EUIPO’s website here.
You can register to join online here. The event is free of charge.
To accompany the event, a photography exhibition is being held at Espacio Séneca, Alicante. The exhibition includes more than 120 stunning images of GIs, showcasing the stories behind iconic products such as Murano glass, Solingen cutlery, cheeses and wines. Entry is free.
Posted by: Blog Administrator @ 13.54Tags: GI, EUIPO, Alicante, ,



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