Following the milestone decision on Case C-307/10 “IP Translator” there is one more change in the practice of OHIM which will affect the international registrations designating OHIM.
In accordance with the latest changes of the Guidelines, Part M International marks, published on 1st of July, since 1st of October 2014 the OHIM will start to issue provisional refusals for International Registrations designating the EU due to lack of clarity in the terms used in the description of the goods and services.
In particular attention will be paid to the 11 terms contained in the Common Communication on the Common Practice of the General Indications of the Nice Class Headings.
The provisional refusals will set a deadline of 2 months during which the holder may submit observations further specifying the vague terms to make them clear and precise.
The applicant may choose to appoint a representative and to submit an answer directly before OHIM or respond via WIPO.
Reported by:
Aglika Ivanova – Attorney-at-law, European Trademark Attorney
IP Consulting Ltd.
