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Articles

OHIM No Longer Accepting Nice Class Headings Without Specification

November 14, 2013

Articles

OHIM No Longer Accepting Nice Class Headings Without Specification

November 14, 2013

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As and from the date of launch of its new website, on December 2, 2013, and contrary to its previous practice, the Office for Harmonisation in the Internal market (also known as the European Community trademark office) will not accept trademark applications claiming protection for certain goods and services mentioned in the class headings of the Nice Agreement. Examples are “machines” in class 7, “installation services” in class 37 and “treatment of materials” in class 40. The new office practice will not only affect regular Community trademark applications, but also international trademarks designating the European Union. The background of the change is the implementation of the IP TRANSLATOR judgment published by the European Court of Justice in June 2012. To avoid office actions, a delay in examination, and the related costs, applicants should further specify the goods and services they claim protection for at the time of filing.

The Manual Concerning Examination of Classification of Goods and Services


The opinions expressed are those of the authors on the date noted above and do not necessarily reflect the views of Fish & Richardson P.C., any other of its lawyers, its clients, or any of its or their respective affiliates. This post is for general information purposes only and is not intended to be and should not be taken as legal advice. No attorney-client relationship is formed.