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Apr 30, 2020 (Newsletter Issue 6/20)
EUIPO
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Common Communications on Distinctiveness of 3-D Marks / Designs on Internet


On April 1, 2020, the EUIPO has published the CP9 Common Practice ‘Distinctiveness of three-dimensional marks (shape marks) containing verbal and/or figurative elements when the shape is not distinctive in itself’ and the CP10 Common Practice ‘Criteria for assessing disclosure of designs on the internet’.

- CP9 Common Practice: Distinctiveness of three-dimensional marks (shape marks) containing verbal and/or figurative elements when the shape is not distinctive in itself here

- CP10 Common Practice: Criteria for assessing disclosure of designs on the Internet here

These communications inform users about the application of the principles of each Common Practice by the IP offices of the European Union. They also make publicly available the official Common Practice documents as adopted by the EUIPO Management Board in November 2019, following acknowledgement at the Liaison Meeting on Trade Marks and Designs on 22-24 October 2019.

The scope of the CP9 Common Practice is the assessment of the overall inherent distinctiveness of shape marks consisting of a non-distinctive shape of the goods themselves, packaging or containers, and other elements to which the shape mark extends, within absolute grounds examination.

The CP10 Common Practice provides criteria for assessing disclosure of designs on the internet and recommendations on sources of design disclosure on the internet, types of evidence used for proving disclosure on the internet, different means for establishing the date of disclosure and, lastly, the exceptions to the availability of designs on the internet.

Source: www.euipo.europa.eu