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May 28, 2020 European Trade Mark and Design Network
Adoption of the CP8 Common Practice
The CP8 Common Practice ‘Use of a trade mark in a form differing from the one registered’ has been adopted by the EUIPO’s Management Board and Budget Committee.
The Management Board adopted the CP8 Common Practice through a written procedure. The participating offices can proceed on a voluntary basis with the corresponding implementation procedure.
The EUIPO, the Intellectual Property Offices of the EU Member States and the Benelux Office for Intellectual Property (BOIP) can benefit from a Common Practice document that aims to increase transparency, legal certainty, consistency and predictability, thus improving the European trade mark landscape.
The CP8 Common Practice establishes general principles to assess when the use of a trade mark in a form differing from the one registered alters its distinctive character. More specifically, the document assesses the impact 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 adoption of the Common Practice is the result of the consultations and contributions submitted by stakeholders over the past two years as well as the fruitful collaboration efforts of the Working Group, composed of experts from national and regional IP offices of the EU and users associations, as part of the EUIPO’s European Cooperation Projects (ECP4).