Policy



Guidelines on the criteria for the examination of trademarks on absolute grounds

The Guidelines on refusals explain the criteria for examining trademarks on absolute grounds and the way in which BOIP applies them in practice. The main purpose of the Guidelines is to inform the user and to make the decisions taken by BOIP more predictable.

To the Guidelines on refusals


Guidelines for opposition proceedings

The Guidelines for opposition proceedings give a detailed explanation of how opposition proceedings are conducted by BOIP. These directives are subordinate to the BCIP, IR and the rules issued by the Director-General.

To the Guidelines for opposition proceedings


Common communications

Convergence of Practices

The harmonisation (convergence) of practices between IP offices is a project that falls within the work of the  European Trade Mark and Design Network (EUTMDN). The convergence programme, launched in 2011, brings the EUIPO together with national offices and users to find agreement in areas where IP offices use different methods. It supplements the work already done in the field of IT tools under the EUTMDN collaborative network. The convergence programme comprises various projects, through which the IP offices have already come to agreement on certain shared practices. These shared practices are announced via common communications in order to increase transparency, legal certainty and predictability for both examiners and users.

CP1. Acceptability of Classification Terms and the General Indications of the Nice Class Headings

CP2. Interpretation of Scope of Protection of Nice Class Headings (formerly Implementation of ‘IP Translator’)

CP3. Distinctiveness - Figurative Marks containing descriptive/non-distinctive words

CP4. Scope of Protection of Black and White (B&W) Marks

CP5. Relative Grounds – Likelihood of Confusion (Impact of Non-Distinctive/Weak Components)

CP6. Graphic Representation of Designs

CP7. Harmonisation of Product Indications

CP8. Use of a Trade Mark in a Form Differing from the one Registered

Common Communication on the Representation of New Types of Trade Marks

CP9. Distinctiveness of three-dimensional marks (shape marks) containing verbal and/or figurative elements when the shape is not distinctive in itself

CP10. Criteria for Assessing Disclosure of Designs on the Internet

CP11. New Types of Marks: Examination of Formal Requirements and Grounds for Refusal

CP12. Evidence in Trade Mark Appeal Proceedings: Filing, Structure and Presentation of Evidence, and the Treatment of Confidential Evidence

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