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The EUIPO adopted two new Common Practices: CP16 and CP17
We wish to inform ECTA members that the EUIPO Management Board has recently adopted two new Common Practices: CP16 “Signs describing the subject matter of goods and/or services” and CP17 “The distinctive character of slogans”. These are the first Common Practices adopted under the EUIPO Strategic Plan SP2030.CP16 establishes a common understanding of the notion of subject matter, as well as elements to be considered when assessing descriptiveness of signs that may serve, in trade, to designate the subject matter of the goods and/or services for which protection is requested under Article 4(1)(c) TMD. CP17 establishes a common understanding of the concept of slogans and an explanation of the assessment of their distinctive character, including a non-exhaustive list of common factors relevant under Article 4(1)(b) TMD.Both include illustrative examples.The documents were developed by experts from national and regional EU IPOs, the EUIPO and user associations participating in the drafting process. They are now available in English, pending translation into all EU languages. Implementation by national and regional IP Offices is planned for Q1 2026.ECTA actively contributed to the development of both CPs through the participation of our members in working groups and through discussions within our Committees – particularly the EUIPO-Link, Law and Harmonization Committees - and governing bodies. We will now follow their implementation with interest.
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