OHIM has announced a change in its examination practice of international registrations designating the EU, in relation to the implementation of the ECJ's decision in the IP Translator case (Case C-307/10) (see Legal update, ECJ rules on use of Nice Classification class headings in trade mark applications). This change will bring OHIM's practice into line with that of EU national and regional IP offices, as previously outlined in the common communication published by the European Trade Mark and Design Network (see Legal update, European Trade Mark and Design Network issues third communication on IP Translator). To align its practice in relation to international registrations with direct filing Community trade marks, OHIM has decided to use the possibility (under Article 4(1)b of the Madrid Protocol) of objecting to terms it considers too broad or too vague, and that lack clarity and precision.

The change in practice will affect all international registrations designating the EU notified by the World Intellectual Property Organisation (WIPO) to OHIM on, or after, 1 October 2014.

Source: OHIM press release, 1 September 2014.