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Amendments to Trademark Laws

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Apr 17, 2012 (Newsletter Issue 6/12)
EUIPO
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New Practice of Opposition Proceedings


OHIM has changed its practice in opposition proceedings when notifying the opposition to the applicant.

As from the April 1, 2012, in oppositions based on earlier CTMs, OHIM will no longer send the applicant the corresponding CTM-online extract attached to the Offices’ letters but will add a link to the CTM Online database along with the following text:

“Where the opposition is based on Community trade marks please access the relevant information via CTM-ONLINE on the Office’s Internet site (http://oami.europa.eu/ows/rw/pages/QPLUS/databases/searchCTM.en.do).”

This would allow the applicants to download information about the earlier CTMs and will spare the parties precious time. The change of practice will 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”.

Source: www.oami.europa.eu