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Okt 14, 2014 (Newsletter Issue 15/14)
EUIPO
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Practice of Relative Grounds of Refusal/Likelihood of Confusion


On 2 October 2014, the IP offices implementing the Common Practice have published on their respective websites a Common Communication detailing the Common Practice of the 25 EU and three non-EU implementing offices.

To arrive at a Common Practice, participating offices closely analysed and converged regarding non-distinctive/weak components of marks for the purpose of assessing likelihood of confusion, assuming that the good and/or services are identical, in particular:
- Define what marks are subject to assessment of distinctiveness
- Determine the criteria to assess the distinctiveness of the mark
- Determine the impact on Likelihood of confusion when the common components have a low degree of distinctiveness
- Determine the impact on Likelihood of confusion when the common components have no distinctiveness

The details of the Common Practice can be found in the Common Communication document of the CP5 section in the Convergence area of this website.

Source: www.tmdn.org