Guides
Common Communication on the Common Practice of Distinctiveness
The IP offices of the European Trademarks and Design Network continue to collaborate in the context of the Convergence Programme. They have now agreed on a Common Practice in relateion to when a figurative mark, containing purely descriptive/non-distinctive words, passes the absolute ground examination because the figurative element renders sufficient distinctive character.
This Common Practice is made public through this Common Communication with the purpose of further increasing transparency, legal certainty, and predictability for the benefits of examiners and users alike.
Towards this end, the Common Communication is provided below.
