News
April 17, 2023 News
2023 edition of the EUIPO examination guidelines enter into force
The latest edition of the examination guidelines for EU trade marks (EUTMs) and registered Community designs (RCDs) entered into force on 31 March 2023, following the approval by the Executive Director, Christian Archambeau, on 24 March 2023 by means of Decision EX-23-2.
The new edition of the Guidelines now includes the Office’s approach to classification of non-fungible tokens (NFTs), virtual goods and virtual services. It states that the term ‘virtual goods’ lack clarity and precision and must be further specified while the term ‘non-fungible tokens (NFTs)’ as such is not acceptable and must further specify the item to which they relate
Changes following the entry intro force of Regulation (EU) 2021/2117, which amended the four EU regulations on agricultural geographical indications (GIs), have been implemented in both the chapters on GIs and traditional speciality guaranteed (TSGs).
The definition of ‘well-known facts’ has also been reviewed in the new guidelines following an analysis of the case-law. Well-known facts are now defined as ‘those that are likely to be known by anyone or that may be learnt from generally accessible sources’.
In the area of registered Community designs, the guidelines now also include an update in the section on the assessment of novelty and individual character where the point of reference for the comparison has been complemented with further explanations on when the contested design contains more or fewer features than the earlier design.
If you would like to know more about the changes, we invite you to take a look at this summary with the main changes. As always, quality continues to be the heart of the EUIPO’s priorities. The Office is committed to improving, and facilitating, its interaction with customers. More information on how we manage quality.
The latest edition of the Guidelines is currently available in the five Office languages: English, French, German, Italian and Spanish.