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CLASS 46


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.

Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
MONDAY, 6 AUGUST 2012
OHIM Manual amendments in force from 1 September
The Office for Harmonisation in the Internal Market (OHIM) has made some further amendments to its Manual of Trade Mark Practice. According to an email alert, the main contents of which are reproduced below for the benefit of readers who may be on holiday and may not have had the opportunity of checking their incoming email, the following changes are being made:

Manual of Trade Mark Practice: Part B. Examination and Part C. Opposition.

The following Chapters and Sections of the Manual of Trade Mark Practice have been amended or newly created. They will be published in the coming days in the relevant sections: Manual of Trade Mark Practice. These various Chapters will enter into force on 01/09/2012. Detailed information on the amendments will be provided in the next Alicante Newsletter.

Manual of Trade Mark Practice

      • Section 7.3 (Article 7(1)(c) CTMR) Descriptiveness, subsection 7.3.1. Categories -  Plant variety names.
      • Section 7.7 (Article 7(1)(d) CTMR) Customary signs or indications
      • Sections 7.8.3.1 and 7.8.3.2 (Article 7(1)(h) CTMR) Protection of State flags and symbols
      • This section has been clarified in terms of its structure and amended in light of recent case-law from the Courts in Luxembourg.  As a consequence, a reference to ‘heraldic description’ was included and recent cases, such as T-41/10 (école du ski français), were added. It was emphasized that also abbreviations and names of international intergovernmental organizations can be protected under Article 6ter of the Paris Convention.

    • Part C. Opposition
      • Part 2. Chapter 2: Comparison of Goods and Services.
Posted by: Blog Administrator @ 05.13
Tags: OHIM Manual of Trade Mark Practice, Examination, Opposition,
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA2928

MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.


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