Two new Common Practices (CPs) are now available on the EU IP Network website in 23 languages, with a list of implementing IP offices and implementation dates.

“CP16 Signs describing the subject matter of goods and/or services” establishes a common understanding of the notion of subject matter and general principles on how to assess signs describing the subject matter of goods/services for which protection is sought.

“CP17 The distinctive character of slogans” establishes the concept of a slogan and a non-exhaustive list of factors for assessing distinctive character

MARQUES representatives were involved in the Virtual Community meetings for both of these CPs.

Julie Schmitt and Stephanie Taylor from the MARQUES European Trade Mark Law and Practice Team took part in the CP16 meetings. They report:

The purpose of CP16 was to harmonise the examination practice of the assessment of signs describing the subject matter of the goods/services for which registration was sought on a pan-European basis, and involved a number of Virtual Community meetings by which the various user groups and European national trade mark offices could come together to discuss how this topic is treated in each jurisdiction, as well as to agree a non-comprehensive list of examples in order to guide users and examiners when assessing trade mark applications.

We experienced the new, faster-paced format and had the clear impression that there was a genuine willingness to streamline the programme. Our experience was that user associations often shared similar views on the main issues, which we found very encouraging. We also made sure to voice the concerns of brand owners, in particular those from the toy sector and the advertising industry, which we felt could be especially affected by certain aspects of the practice. For the national offices, some of the exchanges were understandably longer, as this topic inevitably brings to the surface cultural and institutional differences, but these discussions were always constructive and added real value to the debate.

On Tuesday 17 March EUIPO will host a webinar on CP16 and CP17 (10:00-11:00 Alicante time). The webinar will be in English and is aimed at IP professionals. You can register for free on the EUIPO website here.