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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.

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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
FRIDAY, 5 DECEMBER 2008
OHIM: Changes to "The Manual of Trade Mark Practice"

The OHIM today informs subscribers of its e-mail alert services of changes and amendments to "The Manual of Trade Mark Practice". The following chapters are affected; please click on the respective links for more details:

"PRACTICE CHANGE

Part C: Opposition/Part 1: Procedural Matters, Section V: Admissibility check
1. ABSOLUTE ADMISSIBILITY REQUIREMENTS (amendment to 1.2.4. Earlier well known mark, pg 16 and 1.3. Identification of grounds, pg 17).

OTHER CHANGES

Part B: Examination/Section 5: Seniority
(addition of: (N.B. seniority of a Community Trade Mark cannot be claimed), pg 16)

Part C: Opposition/Part 2: Chapter 2: B. Similarity of Goods and Services
2. ASSESMENT OF THE DEGREE OF SIMILARITY OF THE GOODS AND SERVICES IN PRACTICE

Paragraph 2.2. Express and consistent answers required (deletion of “in the example clothing (cl. 25) v perfumery (cl. 3), it should be identified, for example, that these goods may be sold together and may be manufactured under the responsibility of one single undertaking”, pg 8)

Part C: Opposition/Part 6: Proof of Use
III. PROCEDURE Paragraph 1.2. Time of request (addition of : If the request for proof of use is submitted during the cooling-off period or during the two months period given to the opponent for filing or amending facts, evidence and arguments, the request is forwarded to the opponent without delay”, pg 34)

Part C: Opposition/Part 6: Proof of Use
III. SUBSTANTIVE LAW, section 4: Time of useParagraph 4.1.3. International registrations designating a Member State (addition of : (C-246/05 Armin Häupl v Lidl Stiftung & Co. KG) + “Member states that use the 12 months deadline or the 18 months deadline to issue a provisional refusal, pg 16)"

Posted by: Birgit Clark @ 12.12
Tags: 'Manual of Trade Mark Practice', community trade mark, OHIM,
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