Supplementary materials on Common Practice (CP) 3: Distinctiveness – Figurative marks containing descriptive/non-distinctive words have been released.

The materials are available on the CP3 page on the EUIPN website in 23 languages. They consist of three sections:

• Principles
• Case studies
• Case-law overview

To access the materials in your chosen language, select the language from the drop-down box at the top of the page, and click “Download” next to “Training Material (2022)”. The material will then be translated into the selected language.

The new materials have been made available under the Maintenance of Common Practices sub-project. This was approved in 2019 under the European Cooperation Project (ECP) 4.

What is ECP4?

The ECP4 concentrates on promoting the development of common examination standards and practices in cooperation with national and regional IP offices in the EU. New common practices are being developed in areas where harmonisation will bring the greatest benefits to network stakeholders.

In addition, the Maintenance of Common Practices project is ensuring that the common practices already established remain up to date and relevant in an evolving IP landscape.

MARQUES is represented in the ECP4 working group by the MARQUES External Relations Officer Alessandra Romeo.

What is CP3?

CP3 provided a response to the question: could a non-distinctive or descriptive word be registrable when combined with a stylistic or figurative element?

It sets out guidelines for assessing whether a stylistic or figurative element can render a non-distinctive/descriptive word distinctive, based on input from IP offices and user associations.

The common practice provides a very useful overview with examples of which figurative marks are acceptable by the EUIPO and the national trademark offices in the EU despite the inclusion of descriptive or non-distinctive word elements.

Thanks to Johannes Fuhrmann, Chair of the MARQUES European Trade Mark Law and Practice Team, for providing this information