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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 PRACTICEParagraph 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)"
Tags: 'Manual of Trade Mark Practice', community trade mark, OHIM,



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