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Das Amt der Europäischen Union für die Eintragung von Marken und Geschmacksmustern
The following has been amended (December 2012):
The Manual of Trade Mark Practice
The following has been amended:
MANUAL UPDATE
Manual of Trade Mark Practice:
Manual of Design Practice:
These amendments of the manual have been published on 03/12/2012. These various parts will enter into force one month after publication. Detailed information on the amendments have been provided in the last Alicante Newsletter (publication of December 2012).
The following parts and Sections of the Manual of Trade Mark Practice have been amended by the KC Proceedings.
Section 0: general overview of the registration process of a CTM
Section 1: Means of communication, time limits
Section 2: General Principles to be respected in the proceedings
Section 3: Payment of fees, costs and charges
Section 4: Language of Proceedings
Section 5: Professional representation
Section 6: Revocation of decisions and cancellation of entries in the Register and correction of errors
Section 7: Revision
Section 8: Restitutio in integrum
Part A of the Manual is updated with the latest case-law in the different subject matters.
In Section 5 : Professional representation the implicit appointment or change of representative is explicitly described. As from now on the documents submitted in the course of the proceedings which are submitted by a new representative, without mentioning that he is the new representative, will be accepted by the Office. Some conditions and safety mechanisms have been inserted by the Office.
This is a new part of the Manual that deals with the proceedings of a CTMA from filing to publication.
This part elaborates on the aspects of the proceedings and updates the practice of the Office in this field.
Two new points have been introduced :
The new practice is that the notification of the cancellation will be made to the IR holder, but a copy will be also sent to the WIPO representative (not complying with Article 93 CTMR) for information purposes. Furthermore, the IR holder who has only appointed a non EU representative, and thus not complying with article 93 CTMR, will be invited to appoint a representative within the EU.
According to previous practice, no copy was sent to the WIPO representative,
This new practice will apply to all WIPO representatives not complying with Article 93 CTMR even if the IR holder is European.
The Knowledge Circle International Law has revised the Manual on the EU Enlargements. The revised section deals with both, examination and opposition/cancellation issues, in a unified text. It will be moved to Part A of the Manual.
The new text has been revised not only to accommodate the accession of Croatia in the European Union (1 July 2013) but also to make the relevant part of the Manual clearer and more user-friendly. It does not contain, nevertheless, any change in Office´s practice.
In Annex 1 are included all countries which became members of the European Union after the creation of the Community Trade mark system, their accession date and their official languages. Croatia constitutes the 3rd “generation” of these countries.
The Absolute Grounds Knowledge Circle has revised the parts of the Manual on Absolute Grounds which address the examination of trade mark applications for wines and spirits or agricultural products and foodstuffs, respectively, which contain or consist of certain protected geographical indications (Article 7(1)(j) and (k) CTMR). Sections 7.6.5.5. ARTICLE 7(1)(j) and 7.6.5.6. ARTICLE 7(1)(k) of the Manual are replaced with new, fuller texts in light of recent Court of Justice judgments which provider greater guidance.
The revised texts allow an alignment of guidance in respect of Article 7(1)(j) with that for Article 7(1)(k), insofar as the applicable Regulations contain similar or identical provisions which must be taken into account by the Office with regard to CTM applications. It is hoped that this in turn will lead to greater consistency in Office practice.
The Absolute Grounds Knowledge Circle has revised the part of the Manual on Absolute Grounds which address the examination of trade mark applications which are deemed by the Office to be contrary to public policy or accepted principles of morality (Article 7(1)(f) CTMR).
The previous section 7.8.1. Public policy or morality, Article 7 (1) (f) of the Manual is replaced with a new, fuller text in light of recent Court of Justice judgments which provider greater guidance. In accordance with this added detail, the explanation is divided into two new sections 7.8.1.1. Public policy and 7.8.1.2. Accepted principles of morality, and examples of CTM applications rejected on this ground, as well as some examples of those accepted, have been added.
The Absolute Grounds Knowledge Circle has revised the section of the OHIM Manual on Article 7(1)(i) in light of recent cases and consultation with EU National Offices. The new text explains that the provision includes symbols protected by conventions to which not all Member States are party (for example the Nairobi Treaty on the protection of the Olympic symbol) and to symbols of particular public interest in a single Member State (or part of a Member State– see also Article 7(2) CTMR), which is in line the General Court Judgment in T-232/10 (Coat of arms of the Soviet Union).
The section of the Manual of Trade Mark Practice on Article 8(5) CTMR has been modified by the relative Grounds Knowledge Circle. The revised section contains some changes as regards the structure: a new section on the “link between the signs” has been added and the various forms of encroachment have been reorganised. As regards the substance, recent case law from the EU Courts has been added to clarify the Office’s practice (among others, Pago, TiMi Knderjoghurt, Intel, Wolf). The necessity to establish a link between the signs in the mind of the relevant public has been clarified and given relevance. Moreover, the two kinds of unfair advantage referred to in Article 8(5) CTMR are treated as a single injury and abundant examples from the Boards of Appeal and the EU Courts are given. The new text will enter into force one month after publication.
The section of the Manual of Trade Mark Practice on Cancellation and affecting relative grounds for refusal has been modified by the Relative Grounds Knowledge Circle. The revised sections affect revocation due to non-use of the CTM and relative grounds for invalidity. The remaining sections dealing with revocation due to marks becoming generic or misleading and absolute grounds for invalidity have neither been revised nor updated yet. They will be revised and, if necessary, updated at a later stage. As regards changes in the structure, the section on relative grounds for invalidity has been simplified. The content has been changed in order to align it in some aspects (e.g. standard of proof, proof of use) with the Office practice in oppositions. Recent examples of decisions from the Boards of Appeal or the Courts have been added to support the topics covered. The new text will enter into force one month after publication.
The relevant legal provisions have been updated by the Register and Other Knowledge Circle. In particular, the differences between transfers and changes of name have been highlighted to try to make this easier to understand for both clients and examiners. Furthermore, a section on the Transfer of International Registrations has been included.
The relevant legal provisions have been updated and some important paragraphs on online-access to files and the possibility of obtaining free downloadable certified copies of the application form and registration certificates online have been included by the Register and Other Knowledge Circle.
The section of the Manual of Trade Mark Practice on International mark has been modified by the Register and Other Knowledge Circle.The relevant legal provisions have been updated and the structure of the manual has been generally reorganised and the terminology harmonised to make it clearer and more user-friendly. Furthermore, an important change in practice has been introduced: in the case of partial provisional refusals on absolute grounds, if no absolute grounds objection is raised against some of the goods and services then this part of the designation will proceed to protection even if a mandatory representative is not appointed.
Two new Manuals have been prepared by the Design Knowledge Circle and published, that is, the Manual concerning the Examination of Applications for Registered Community Designs and the Manual on Renewal of Registered Community Designs.
The Manual concerning the Examination of Applications for Registered Community Designs covers the registration procedure, from the grant of a filing date to the publication of Registered Community Designs (RCDs). This Manual explains the Office’s practice in respect of the requirements applying to the graphic representation of RCDs. It also gives detailed information about the indication of products, multiple applications, the specific regime of deferred publication etc.
The Manual on Renewal gives information about the time limits and other requirements that requests for renewal must fulfil.
The following has been amended (November 2012):
The Manual of Trade Mark Practice
The following has been amended:
MANUAL UPDATE
Manual of Trade Mark Practice: Part B: Examination, Section 7.3.6 Slogans, Part C: Opposition, Part 4: Non-registered rights (Article 8(4) CTMR) and Part E:Section 5, Licenses.
The following parts and Sections of the Manual of Trade Mark Practice have been amended. They will be published on 02/11/2012 in the relevant sections: Manual of Trade Mark Practice. These various parts will enter into force one month after publication. Detailed information on the amendments will be provided in the next Alicante Newsletter.
Manual of Trade Mark Practice
In light of leading judgments on slogans handed down since the last revision of the Manual, namely those in Case C‑398/08 P, ‘VORSPRUNG DURCH TECHNIK’, and Case T‑523/09 (and its appeal judgment Case C-311/11P) ‘WIR MACHEN DAS BESONDERE EINFACH’, this section now applies the reasoning therein to provide greater guidance to examiners and applicants as to relevant factors to take into account to assess whether an advertising slogan is likely to be distinctive (Article 7(1)(b) CTMR )/descriptive Article 7(1)(c) CTMR) or not.
The section of the Manual of Trade Mark Practice on Article 8(4) CTMR has been modified. The revised section contains changes as to the format: it abandons the previous table-like format. As regards the substance, the criterion of the use in the course of trade of more than mere local significance has been substantially improved to elucidate and clarify the particularities of this requirement. The evidence and standard of proof as regards applicable national law clarified. Moreover, abundant examples from the Boards of Appeal and the EU Courts are given. The new text will enter into force one month after publication.
Finally, the Annex with an overview of the national legislation is currently being updated by the National Offices. The information contained in the published version could therefore be outdated. A revised version will be published in due course.
The manual has been updated. The main changes concern updating the relevant legal provisions and generally reorganising the structure of the manual and the terminology to make it clearer and more user-friendly.
The following has been amended (October 2012):
The Manual of Trade Mark Practice
The following has been amended:
MANUAL UPDATE
Manual of Trade Mark Practice: Part B. Examination, Part C. Opposition and Part E – Section 2 Conversion.
The following parts and Sections of the Manual of Trade Mark Practice have been amended. They have been published on 01/10/2012 in the relevant sections: Manual of Trade Mark Practice. These various parts will enter into force one month after publication. Detailed information on the amendments will be provided in the next Alicante Newsletter.
Manual of Trade Mark Practice
• Part B: Part B: Examination
Section 7.4.3 Descriptive figurative elements
In light of the General Court’s judgments in Cases T-385/08 and T-386/08, this part of the Manual deals with those cases of figurative marks which consist exclusively of a basic naturalistic representation which does not significantly depart from a true-to-life portrayal and that serves to indicate the kind or intended purpose of the goods or services.
• Part C: Opposition
Part 3: Trade mark filed by an agent (Article 8(3) CTMR)
The Manual on Article 8(3) CTMR has been modified. The revised Manual does not contain any changes as to substance, structure or format. However, most of the examples have been replaced by decisions from the Boards of Appeal or recent opposition/cancellation decisions. The Manual also reflects the First Defense I and II case law.
• Part E – Section 2: Conversion
The manual has been updated. The main changes concern including an explanatory introduction, updating the relevant legal provisions and generally reorganising the structure of the manual and the terminology to make it clearer and more user-friendly. The section on the effects of conversion has been expanded.
The following has been amended (August 2012):
The Manual of Trade Mark Practice
The following has been amended:
Manual of Trade Mark Practice: Part B. Examination and Part C. Opposition.
The following Chapters and Sections of the Manual of Trade Mark Practice have been amended or newly created. They will be published in the coming days in the relevant sections: Manual of Trade Mark Practice. These various Chapters will enter into force on 01/09/2012. Detailed information on the amendments will be provided in the next Alicante Newsletter.
Manual of Trade Mark Practice
The following has been amended (July 2012):
The Manual of Trade Mark Practice
The following has been amended:
The following Sections of the Manual of Trade Mark Practice have been amended or newly created. They will be published in the coming days in the relevant section: Manual of Trade Mark Practice. These various Sections will enter into force on 01/08/2012. Detailed information on the amendments will be provided in the next Alicante Newsletter.
Manual of Trade Mark Practice
Sections
The following has been amended (May 2012):
The Manual of Trade Mark Practice
The following has been amended:
Manual of Trade Mark Practice: Part C. Opposition, Part D. Cancellation proceedings,
Manual of Design Practice: Design Invalidity Manual
The following Chapters of the Manual of Trade Mark Practice as well as the Design Invalidity Manual have been amended or newly created. They will be published in the coming days in the relevant sections: Manual of Trade Mark Practice and Manual of Design Practice. These various Chapters will enter into force on 01/07/2012. Detailed information on the amendments will be provided in the next Alicante Newsletter.
Manual of Trade Mark Practice
The following has been amended (April 2012):
The Manual of Trade Mark Practice
The following has been amended:
Part C, Part 1, Procedural matters
Page 8: As from the 1st of April 2012, in oppositions based on earlier CTM’s the Office will no longer send the corresponding CTM-online extract attached to the Office’s letter to the applicant but will add a link to CTM Online database. This would allow the applicants to download information about the earlier CTMs and will spare the parties precious time. The change of practice will of course apply to all applicants. The Manual on Trade Mark Practice has been amended to reflect the above and the new text now reads as follows (The Manual Concerning Opposition, Part 1: Procedural Matters, Page 8): “The applicant immediately receives a copy of the notice of opposition (and of any document submitted by the opposing party) for information. In case the opposition is based on a Community trade mark, he is also informed that he can access any information about earlier Community trade marks via CTM-ONLINE, which is available on the Office’s Internet site”. Further information is included in the April 2012 issue of Alicante News.
Part E. Changes in an application or registration
Page 11: A change in the official designation/name or official address of an applicant/owner will automatically be registered for all CTMs and RCDs. The Manual Part E Section 3 “Changes in the application or registration” has been amended in order to better reflect this practice.
Decisions and Communications of the President
LEGAL TEXTS
The President of the Office has signed Decision EX-12-1 amending official deadlines as a result of the Spanish General Strike on Thursday, 29 March.
The following has been amended (February 2012):
The Manual of Trade Mark Practice
The following has been amended:
Page 36: The Manual on International Marks has been changed in order to reflect Rule 17 (2) (v) Common Regulations that require that when an opposition is filed against and international registration, the International Bureau shall be notified, among other, of the list of all the goods and services of the earlier mark on which the opposition is based.
The Office has incorporated their newly published Classication Manual in the Examination Manual as part B.3. which entered into force on 01.02.2012. The document reflects the current practice of the Office and has also been brought in line with the 10th edition of the Nice Classification. The Office is, nevertheless, aware of Case C-307/10 “IP TRANSLATOR” and the fact that the preliminary ruling, which will be handed down, may affect it. The Office is also working with a number of National Offices in the Class Headings Project with a view, precisely, to converge with them on a common approach to the interpretation of the Nice Classification Class Headings. Whenever any of the two issues described matures previously the Office will certainly, and without delay, take the necessary steps to amend the practice as reflected in this manual.
The following has been amended (March 2011):
The Manual of Trade Mark Practice
The following has been amended:
LEGAL TEXTS
OHIM has extended some time limits affecting Japanese companies or individuals taking part in proceedings before the Office, following the earthquake and tsunami in Japan.
The Decision of the President rules that the earthquake and subsequent natural disasters constitute an “exceptional occurrence” that has disrupted proper communications from parties to the Office.
Consequently, all time limits expiring between 11-28 March 2011 inclusive, affecting parties in proceedings with their residence or registered office in Japan, have been extended until 28 April 2011.”
The following has been amended (March 2011):
The Manual of Trade Mark Practice
The following has been amended:
Part C: Opposition – 1. Procedural Matters
Pages 43-44: Clarification in the Manual on substantiation issues: translation of goods/services.
LEGAL TEXTS
Decision No EX-11-1 of the President of the Office of 18 February 2011 concerning the notification of registration certificates
Decision EX-11-1 concerns the notification of registration certificates. Once this decision enters into force the notification to the proprietor of a community trade mark or the holder of a registered community design of the respective registration certificate will only be done by providing the proprietor or the holder with an Internet link from which to download the registration certificate from the Office’s website.”
The following has been amended (January 2011):
The Manual of Trade Mark Practice
The following has been amended:
The following has been amended (November 2010):
MANUAL UPDATE
The following has been amended:
Part C: Opposition – 1. Procedural Matters
Part C: Opposition – 2.B. Comparison of goods and services
The following has been amended (October 2010):
MANUAL UPDATE
The following has been amended:
1. Means of communication, time limits, 1.2.3. Extensions of time limits – Paragraph No 4, pages 6 and 7
Extensions of time
With regard to extensions, any first request for an extension during examinations, oppositions or cancellations, which is received in time, will always be granted. However, any subsequent request for an extension of the same period of time will be refused, unless the party requesting the second extension demonstrates that there are exceptional circumstances.
1. General Principles, 1.4 – pages 4 and 5;
4. Priority, 4.1. Convention priority – page 16.
Extensions of time
With regard to extensions, any first request for an extension during examinations, oppositions or cancellations, which is received in time, will always be granted. However, any subsequent request for an extension of the same period of time will be refused, unless the party requesting the second extension demonstrates that there are exceptional circumstances.
Part C: Opposition – 1. Procedural Matters
Section B. III. Suspension – page 34;
Section E. II. Time limits – 2.1. page 72, 2.3. page 73, 2.4. page 75 ;
Section E. III. Suspension – page 76, 5. Procedural aspects – page 85.
Suspensions and extensions of time
Under the new policy, if a suspension is requested by the opposition parties, the Office will grant it for a period of one year (instead of variable periods at present). Subsequent requests will be granted for the same period. During all suspensions any party will be able to opt out and bring the suspension to an end.
With regard to extensions, any first request for an extension during examinations, oppositions or cancellations, which is received in time, will always be granted. However, any subsequent request for an extension of the same period of time will be refused, unless the party requesting the second extension demonstrates that there are exceptional circumstances.
Part C: Opposition – 6. Proof of Use
III. Procedure, 3.1. Time limit for providing prrof of use – page 37 and 3.2.1. Principles (Means of evidence) – pages 37 and 38
Evidence of proof of use
The Office has drawn up a template for a standard letter proposed for use in opposition proceedings. The letter includes an annex giving instructions on the way in which the evidence should be structured as well as suggestions on content and format. The instructions include what type of evidences should be filed, and how it should be organised, for example, with regard to numbering pages and describing the purpose of evidence. In particular, the Office strongly recommends that a maximum limit of 110 pages in correspondence should be observed. Failure to follow the instructions may lead to evidence not being taken into account. Further ifnormation was provided on OHIM's website on 02/08/2010 (http://oami.europa.eu/ows/rw/news/item1529.en.do). The manual has been aligned with this new practice.”
The following has been amended (July 2010):
MANUAL UPDATE
CHANGE OF PRACTICE
|
Subject of change |
Paragraph |
Page |
|
New practice of the Office on marks describing the subject matter of the goods or services. |
7.3.1. |
29 - 32 |
|
New practice of the Office on p rotection of flags and other symbols (Articles 7(1)(h) and (i) CTMR). |
7.8.3. |
59 - 74 |
OTHER CHANGES
|
Subject of change |
Paragraph |
Page |
|
Categorisation of marks |
2.7.1. |
8 - 10 |
|
Added reference to the world expo in Shanghai , China . |
4.2. |
17 |
|
New list of National Offices performing searches |
6.1. |
19 |
|
New example of a descriptive mark following judgement of the General Court. |
7.3.3. |
35 |
|
New examples of non distinctive 3D mark following judgement of the General Court. |
7.5.2. 7.6.2. |
41 44 + 46 |
|
Addition of the expression “ultra” as an indication of superior quality or function. |
7.5.4. |
43 |
|
Fine-tuning of the existing practice on marks consisting of names of colours. |
7.6.4.4. |
48 |
|
Fine-tuning of the existing practice on how to draft the list of goods when the mark consists of or contains a protected geographical indication. |
7.6.5.3. 7.6.5.5. |
53 56 |
|
Fine-tuning of the existing practice on disclaimers. |
7.10.4. |
79 - 80 |
The following has been amended (May 2010):
MANUAL UPDATE
Part 1: Procedural Matters, Chapter A. Admissibility Check
Paragraph IV. Languages and Translations of the Notice of Opposition
This part on pages 13, 14 and 15 has been amended in order to reflect the practice of the Office on languages and translations of the notice of opposition.
The following has been amended (April 2010):
MANUAL UPDATE
Part 1: Procedural Matters, Chapter A. Admissibility Check
Paragraph IV. Languages and Translations of the Notice of Opposition
This part on pages 13, 14 and 15 has been amended in order to reflect the practice of the Office on languages and translations of the notice of opposition.
The following has been amended (March 2010):
MANUAL UPDATE
Part C.1: Oppostion, procedural matters Chapter VIII: Change of parties
Paragraph 5: Interruption of proceedings due to decease, legal incapacity of the applicant or its representative.
Part M: International Marks Paragraph 1.2.2.: Indications concerning the applicant and representatives.
The OHIM is precising its interpretation of the notion of "real and effective industrial or commercial establishment". In the international application form under item 3 "Entitlement to File", if it appears that the applicant and the real and effective industrial or commercial establishment are in fact two different legal entities (one being the mother company for example and the other a subsidiary), the OHIM will refuse the applicant's entitlement to file. The applicant will then have to base its entitlement to file on a different criterion.
The following has been amended (January 2010):
MANUAL UPDATE
Part C: Opposition/Part 2, Chapter 2: C Similarity of Signs
Paragraph 3.3. Phonetic comparison: practical criteria
(amendment of the paragraph on pages 12 and 13)
Part C: Opposition/Part 2, Chapter 2: B Similarity of Goods and Services
Chapter 5. The comparison between goods and services
Paragraph 5.3.3. In particular restaurant services and good and drinks
(amendment of the paragraphs on pages 46 and 47)
The following has been amended (September 2009):
The Manual of Trade Mark Practice
The following has been amended:
Part M: International Marks
OHIM’s Manual of Trade Mark Practice has been amended further to the adoption of a number of amendments to the Common Regulations under the Madrid Agreement and the Madrid Protocol. The changes are applicable as from 1 September, 2009. They are aimed at improving the accessibility of information regarding the interim and final status of international registrations. For the complete background information, users are invited to consult the WIPO Website at http://www.wipo.int/madrid/en/
What OHIM used to call the "First Statement of Grant of Protection" will be now termed the "Interim Status of the Mark" and will be sent, including when preceded by a provisional refusal on absolute grounds, provided the refusal has been waived in the meanwhile and the opposition period is still running.
The "Second Statement of Grant of Protection" will become the only "Statement of Grant of Protection" and will be sent in all cases where an International Registration designating the EC has been finally accepted, whether totally or partially.
The changes have some legal implication on the Implementing Regulations (CTMIR) and they will have to be amended. In the meanwhile, the Legal Basis for these changes are to be found in the Common Regulations under the Madrid Agreement and Protocol.
The following has been amended (June 2009):
PRACTICE CHANGE
Part B: Examination/Section 2: Receipt of Application and Formalities
Paragraph 2.7.1. Categorisation of marks
(addition of paragraph on colour indication, pg 8)
OTHER CHANGES
Part C: Opposition/Part 1: Procedural Matters, Section V: Admissibility Check
2. Relative admissibility requirements
Paragraph 2.2. Representation of the earlier mark/sign
(amendment and addition of countries that publish in colour, pg 19)
OHIM’s Manual of Trade Mark Practice has been updated following the codified version of the Community Trade Mark Regulation no. 207/2009 of 26 February 2009 on the Community trade mark.
http://oami.europa.eu/ows/rw/pages/CTM/legalReferences/regulations.en.do
The following has been amended (May 2009):
DETAILS REGARDING CORRECTION OF ERRORS AND REVOCATION
Part A: General Provisions on Proceedings before the Office
Addition of section 7: CORRECTION OF ERRORS AND REVOCATION
The following has been amended (February 2009):
PRACTICE CHANGE
Part B: Examination/Section 6: Search
(addition of “Four National Offices have decided to opt out of the Community Search system as from the 01 January 2009; Ireland, Portugal, Sweden and United Kingdom” etc., pg 17)
Part E, Section 3/Changes in an application or registration, Section 3, paragraph 1.1. Declaration of withdrawal
(amendment following the decision of the Grand Board R 0331/2006-G Optima, pg 3)
OTHER CHANGES
Part C: Opposition/Part 1: Procedural Matters, Section 1, paragraph 2.1. Earlier trade mark registrations or applications
(addition of “The seniority claimed in a CTM can be taken into account within the meaning of Article 8 (2) (a) CTMR provided that the proprietor of the CTM has surrendered the earlier mark or allowed it to lapse within the meaning of Article 34 (2) CTMR and that this fact is proved by the opponent”, pg 15)
Part C: Opposition/Part 2: Chapter 2: B. Similarity of Goods and Services
IV. SPECIFIC GOODS AND SERVICES COMPARED
Paragraph 2. Similarity of retail services among themselves and of goods and retail services
(deletion of “with or similar”, pg 48)
Part C: Opposition/Part 2: Chapter 2: B. Similarity of Goods and Services
IV. SPECIFIC GOODS AND SERVICES COMPARED
Paragraph 2. Similarity of retail services among themselves and of goods and retail services
(addition of ”Apart from being different in nature, given that services are intangible whereas goods are tangible, they serve different needs. Retail services, at large, consist in bringing together, and offering for sale, a wide variety of different products thus allowing consumers to conveniently satisfy different shopping needs at one stop, whereas, by definition, there are no goods serving such purpose. So, they have different nature and serve different purpose. Finally, they are neither in competition with, nor complementary to, each other”, pg 48)
The following has been amended (December 2008):
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 use
Paragraph 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)
The following has been amended (November 2008):
Practice change
Part C: Opposition/Part 1: Procedural Matters, Section VI: Conversion
(amendment to Opposition based on (to be) converted CTM(A), pg 86/87).
Other changes
Part B: Examination/Section I: General Principles
(deletion of "Further extensions should be granted only if proper reasons are given", pg 4)
Part C: Opposition/Part 2: Chapter 2: B. Similarity of Goods and Services
III. SIMILARITY OF GOODS: FACTORS CONSIDERED
Paragraph 5.3.3. In particular restaurant services and foodstuffs
(deletion of "as well as certain drinks, such as generally soft drinks", pg 45)
Part C: Opposition/Part 2: Chapter 2: B. Similarity of Goods and Services
IV. SPECIFIC GOODS AND SERVICES COMPARED
Paragraph 2. Similarity of retail services among themselves and of goods and retail services
(amendment of "and" into "or", pg 48)