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September 16, 2021 Europäisches Netzwerk für Marken und Geschmacksmuster
Absolute grounds for refusal: New practice paper
The Industrial Property Office of the Business Development Agency of the Principality of Monaco (MCIPO) has published a practice paper on the examination of absolute grounds for refusal for figurative trade marks with purely descriptive words/expressions.
The MCIPO is at the forefront of non-European IP offices in finding common ground with the criteria listed under the Common Communication on the Common Practice of Distinctiveness (CP3) - Figurative Marks containing descriptive / non-distinctive words. The publication of this practice paper is a result of joint collaboration between the MCIPO and the EUIPO, within the framework of the EUIPO’s international cooperation activities.
The practice paper provides a clear and comprehensive explanation of the principles on which the practice is based, which will be implemented by the MCIPO and the IP offices of the European Union Intellectual Property Network (EUIPN).
The publication of this practice paper seeks to increase transparency, legal certainty, and predictability for the benefit of users and examiners of IP offices. It also aims to become a reference for all interested parties and it will ultimately cover a majority of cases.
The practice paper has been made publicly available in French and English – both versions of which can be found below. The practice paper is divided into two parts: the first part summarises the criteria, while the second part provides a complete explanation of the different criteria applicable in each case.