European Intellectual Property Office publishes consultation on the draft Common Practice on “New Types of Trade Mark”

The draft Common Practice of project CP11, “New Types of Trade Mark – Examination of formal requirements and absolute grounds for refusal and invalidity”, has been made available for comments. This publication refers only to the first phase of the project: examination of formalities and absolute grounds for refusal and invalidity.

The “New Types of Trade Mark” are sound marks, motion marks, multimedia marks and hologram marks.

The CP11 Working Group, composed of representatives from nine intellectual property offices of the EU, four user associations and the EUIPO, has included several sections in the document that are still under discussion and on which it would appreciated input or feedback.

In particular, the Working Group would like to gather input regarding consumer perception of each of the new types of trade mark in order to develop an individual rationale for each type. It would like information on case law, surveys, scientific articles, etc.

Comments should be received by 14 November 2019. To access the consultation, click here.