HomeInsightsNew European Intellectual Property Office examination guidelines enter into force

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The latest EUIPO edition of the examination guidelines for EU trade marks (EUTMs) and registered Community designs (RCDs) entered into force on 31 March 2022, following approval by the Executive Director on 22 March 2022 by means of Decision EX-22-1.

The new edition of the Guidelines has been made more interactive with over 5,000 new hyperlinks to trade mark regulations, the eSearch Case Law database, and learning and other resources. It also incorporates recent case law from the CJEU as well as changes in practice in a range of areas, including the public availability of decisions refusing EUTM applications on absolute grounds.

The Common Communication on New Types of Marks: Examination of Formal Requirements and Grounds for Refusal (CP11) concerning absolute and relative grounds for refusal has also been incorporated.

In the area of RCDs, there is further alignment with EUTM practice in invalidity proceedings where the application filing date will no longer be determined by the fee payment date.

The latest edition of the Guidelines is currently available in the five EUIPO languages: English, French, German, Italian and Spanish. To access the Guidelines, click here.