CP8 Common Communication and Common Practice - Use of a Trade Mark in a form differing from the one Registered

Within the framework of the Convergence Programme promoted by the EUIPO to harmonize practices at the European level, national offices and the EUIPO have published a series of common communications and criteria relating to certain aspects of trade mark examination. The latest publication was launched on 15 October 2020 and concerns a Common Practice with regard to the use of a Trade Mark in a form differing from the one registered.

The aim is to identify the 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.

This Common Practice is made public through the Common Communication with the purpose of further increasing transparency, legal certainty, and predictability for the benefit of examiners and users alike.

The scope of the Common Practice is the assessment of the types of changes that can occur in the sign when used in a form differing from the one registered, namely when elements are added, omitted, modified or when these changes appear in combination.

The IPOI fully supports these initiatives and actively participated in the formulation of this new Common Practice, which can be found on our website