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Current Trade Mark Practice

On this page you will find OHIM's current trade mark practice presented in a structured manner that is intended to help both our users and our staff in charge of the various procedures.

These documents are the main point of reference for users of the Community trade mark system and professional advisers who want to make sure they have the latest information on our examination practices.

They have been drawn up to reflect our Office practice in the most frequent scenarios. They contain general instructions only, which have to be adapted to the particularities of a case. They are not legislative texts and, therefore, are not binding.

The table below combines the set of Guidelines that were adopted by the President on 4 December 2013 (Decision No EX-13-5) with the relevant sections of the Manual that are still in force. These documents reflect the law, case-law, practice and amendments of OHIM´s current practice.

Over the course of 2014, the remaining parts of the Manual will be converted into Guidelines and the Manual will cease to exist. This conversion will be completed by the end of June 2014 and will be published soon thereafter. This means that as from 1 August 2014 all of OHIM's practice will be contained in the Guidelines. We will update them yearly and make them available in all official EU languages.

The documents related to the Manual are available in English; the Guidelines can be accessed in English, French, German, Italian and Spanish.

 

Sections Source

Editor's note and general introduction

New Guidelines
Part A: General rules  

Section 0: General Overview of the registration process of a CTM

Manual

Section 1: Means of communication, time limits

Manual

Section 2: General principles to be respected in the proceedings

Manual

Section 3: Payment of fees, costs and charges

New Guidelines

Section 4: Language of proceedings

Manual

Section 5: Professional representation

New Guidelines

Section 6: Revocation of decisions and cancellation of entries in the register and correction of errors

Manual

Section 7: Revision

Manual

Section 8: Restitutio in integrum

Manual

Section 9: Enlargement

Manual
Part B: Examination  

Section 1: Proceedings

Manual

Section 2: Examination of formalities

New Guidelines

Section 3: Classification

Manual

Section 4: Absolute grounds for refusal and community collective marks

 

General principles and Article 7.1.a till 7.1.e

New Guidelines

Remaining issues (geographical indications, 7.1 f till 7.1.i, acquired distinctiveness, disclaimers, observations by third parties, community collective marks)

Manual
Part C: Opposition  

Section 0: Introduction

New Guidelines

Section 1: Procedural matters

New Guidelines

Section 2: Identity and likelihood of confusion

 

Chapter 1: General principles and methodology

New Guidelines

Chapter 2: Comparison of goods and services

New Guidelines

Chapter 3: Comparison of signs

New Guidelines

Chapter 4: Distinctiveness

New Guidelines

Chapter 5: Dominant character

New Guidelines

Chapter 6: Relevant public and degree of attention

New Guidelines

Chapter 7: Other factors

New Guidelines

Chapter 8: Global assessment

New Guidelines

Section 3: Trade mark filed by an agent (art. 8 (3) CTMR)

Manual

Section 4: Rights under article 8(4)CTMR

Manual

Section 5: Trade marks with reputation (art. 8 (5) CTMR)

Manual

Section 6: Proof of use.

New Guidelines
Part D: Cancellation  

Section 1: Cancellation proceedings

New Guidelines

Section 2: Substantive provisions

 

Revocation for lack of use; invalidity on the ground of bad faith and invalidity based on relative grounds for refusal

New Guidelines

Revocation (CTM becoming a generic term, CTM becoming misleading), absolute grounds for invalidity (CTM registered
contrary to article 7, Defence against a claim of lack of distinctiveness)

Manual
Part E: Register Operations  

Section 1: Changes in a registration

Manual

Section 2: Conversion

New Guidelines

Section 3: CTMs as objects of property

 

Chapter 1: Transfer

Manual

Chapter 2: Licences

Manual

Section 4: Renewal

New Guidelines

Section 5: Inspection of files

New Guidelines

Section 6: Other entries in the register

 

Chapter 1: Counterclaims

New Guidelines
Part M: International marks Manual
Page last updated 15-04-2014