Log in


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.

Want to receive Class 46 by email?
Click here subscribe for free.

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
Life after IP TRANSLATOR: OHIM amends its Manual
The Office for Harmonisation in the Internal Market (OHIM) has helpfully issued a circular concerning a recent update of its Manual, to explain how OHIM is dealing with Nice class headings in the wake of the Court of Justice of the European Union ruling in Case C-307/10 Chartered Institute of Patent Attorneys (the IP Translator case). This is what OHIM says:

Manual of Trade Mark Practice: Part B: Examination Section 3: Classification

This part of the Manual of Trade Mark Practice has been amended. It has been published on 04/11/2013 in part B.3. of OHIM’s Manual concerning Examination of Classification of Goods and Services. These changes will enter into force on 25 November 2013

Manual of Trade Mark Practice

Following the publication of the IP Translator judgment in June 2012, OHIM and the EU National IP Offices have been discussing the interpretation of the Nice class headings in various meetings. In May 2013, in under a year, all general indications of the Nice class headings were reviewed and agreement was reached that 11 general indications do not follow the requirements of clarity and precision as set out in the IP Translator judgment.

Those general indications will no longer be accepted without further specification. The remaining 186 general indications of the Nice class headings are considered acceptable for classification. The new practice, including the refusal of claims like “all goods in class x”, has been reflected in OHIM’s Manual on Trade Mark Practice and will enter into force as soon as OHIM’s launches its new website and new e-filing tool at the end of November.

Posted by: Blog Administrator @ 22.52
Tags: Class headings, IP Translator, OHIM practice,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA3461
Reader Comments: 0
Post a Comment

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.

The Class 46 Archive








+44 (0)116 2747355

9 Cartwright Court, Cartwright Way
Bardon, Leicestershire
LE67 1UE


Ingrid de Groot
Internal Relations Officer
Alessandra Romeo
External Relations Officer
James Nurton
Newsletter Editor
Robert Harrison

Signup for our blogs.
Headlines delivered to your inbox