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April 01, 2020 EU Intellectual Property Network
Common Communications on CP9 and CP10 published
The EUIPO has published the CP9 Common Practice ‘Distinctiveness of three-dimensional marks (shape marks) containing verbal and/or figurative elements when the shape is not distinctive in itself’ and the CP10 Common Practice ‘Criteria for assessing disclosure of designs on the internet’ on 1 April 2020.
- CP9 Common Practice – Distinctiveness of three-dimensional marks (shape marks) containing verbal and/or figurative elements when the shape is not distinctive in itself
- CP10 Common Practice – Criteria for assessing disclosure of designs on the internet
The documents are available in the form of Common Communications, including the full text of the CP9 and CP10 Common Practices, in all EU languages. These communications inform users about the application of the principles of each Common Practice by the IP offices of the European Union. They also make publicly available the official Common Practice documents as adopted by the EUIPO Management Board in November 2019, following acknowledgement at the Liaison Meeting on Trade Marks and Designs on 22-24 October 2019.
The scope of the CP9 Common Practice is the assessment of the overall inherent distinctiveness of shape marks consisting of a non-distinctive shape of the goods themselves, packaging or containers, and other elements to which the shape mark extends, within absolute grounds examination.
The CP10 Common Practice provides criteria for assessing disclosure of designs on the internet and recommendations on sources of design disclosure on the internet, types of evidence used for proving disclosure on the internet, different means for establishing the date of disclosure and, lastly, the exceptions to the availability of designs on the internet.
Both Common Practices are the result of the consultations and contributions submitted by stakeholders over the past two years as well as the fruitful collaboration at their respective Working Groups, composed of experts from national and regional IP offices of the EU and users associations, as part of the EUIPO’s European Cooperation Projects.