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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.
Tags: Class headings, IP Translator, OHIM practice,
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