New Practice for filings with the OHIM
Published on: 01 October 2012
According to the Decision of the European Court of Justice “IP-Translator”, C-307/10 of 19/06/12
by Anna FALTER, Head of Trademarks Dennemeyer & Associates Germany, Munich
The Court ruled on the standards of clarity and precision to be applied to the classification of goods and services.
Applicants may still use the class headings and the general indications of goods and services protected hereunder; but the Office will decide on a case-to-case basis whether this is sufficient to determine the scope of protection.
There is a new requirement that an applicant who uses the general indications of a class heading must specify whether its application for registration is intended to cover all the goods and services included in the alphabetical list of that class in the Nice Classification or only some of those.
In addition, it will still be possible to precisely name the goods and services for which protection is sought.
Scope of Protection/ Prior and new Applications from the date of the official communication of 21 June 2012:
- Registered trademarks using general indications of a class heading will be considered as intended to cover all the goods or services included in the alphabetical list of that class, in the edition in force at the time of the filing.
- Trademark applications already on file with the OHIM will be considered to cover all the goods or services included in the alphabetical list of the class concerned, unless otherwise specified.
- New Filings as of 21 June 2012 must comply with the new requirements relating to the standards of clarity and precision. Applicants who use all the general indications of a particular class heading, of the Nice Classification, must expressly indicate whether or not their intention is to cover all the goods or services included in the alphabetical list of that class or only some of them. In the latter case, the goods or services intended to be covered must be specified.
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