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Amendments to Trademark Laws

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Apr 21, 2022 (Newsletter Issue 5/22)
EUIPO
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New Examination Guidelines in Force


The latest edition of the Guidelines for Examination of European Union trademarks (EUTM) and registered Community designs (RCDs) entered into force on March 31, 2022.

The new edition of the Guidelines has been made more interactive with over 5,000 new hyperlinks to trademark regulations, the eSearch Case Law database, learning and other resources. It also incorporates recent case-law from the CJEU and changes in practice in a range of areas, among others, the public availability of decisions refusing EUTM applications on absolute grounds.

Further, the 'Common Communication on New Types of Marks: Examination of Formal Requirements and Grounds for Refusal (CP11)' concerning absolute and relative grounds for refusal has been implemented across several chapters.

Additionally, the new edition clarifies that the generic use of geographical indications (GIs) in the list of goods and services will be objected to. Furthermore, the Office will apply a more flexible approach to the wording of limitations relating to objections based on GIs.

In the area of registered Community designs, there is further alignment with EUTM practice in invalidity proceedings where the application filing date will no longer be determined by the fee payment date.

The Guidelines are currently available in English, French, German, Italian and Spanish.

For more information, please click here

Source: www. euipo.europa.eu