Use of a trade mark in a form differing from the one registered - Convergence Programme 8

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• Introduction

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  The European Union Intellectual Property Network (EUIPN) has agreed on a Common Practice with regard to the use of a trade mark in a form differing from the one registered. The Common Practice document aims to identify general principles for assessing when the use of a trade mark in a form differing from the one registered alters its distinctive character and to provide guidance in this respect. More specifically, it assesses the impact of changes, namely of additions, omissions, modifications of characteristics, and combinations of these changes, on the distinctive character of registered word marks, purely figurative marks and composite marks. The Common Practice aspires to harmonise the practices of the intellectual property offices that already assess proof of use, as well as of those that have to introduce this assessment for the first time as a result of the transposition of the Trade Mark Directive. The document reflects the results of the combined efforts of EU and non-EU intellectual property offices, as well as of User Associations, and aims to increase transparency, legal certainty, consistency and predictability for examiners and users alike. The details of the Common Practice can be found in the CP8 Common Communication document.
  

• Webinar
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  • Speaker:

    Joana DE MOURA LEITÃO BARROS OLIVEIRA - EUIPO - International Cooperation and Legal Affairs Department
    

    
    

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