EUIPO aiming for common practice on examination of 3D trade marks – a new practice note with effect from July 2020
In 2011 the EUIPO launched the “Convergence Programme” in order to improve the alignment of national and EU trade mark systems and to assist with the improvement of practices. The programme was based on regular exchange of information and discussion of issues among the EUIPO, national offices and user associations. On 1 April 2020 the EUIPO published CP9 Common Practice: “Distinctiveness of three-dimensional marks (shape marks) containing verbal and/or figurative elements when the shape is not distinctive in itself”.This sets out a two-step examination process for assessing the distinctive character of such marks.