We wish to inform ECTA members that Common Practices CP16 and CP17 are now available on the EUIPN website in 23 languages, along with the list of implementing IPOs and their implementation dates. 

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. 

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.