Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2023

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

EU IP offices clarify Nice Class Heading questions

Applicants for trade marks in Europe have been given new guidance about how they use general indications of the Nice Class headings in their applications

The guidance, contained in an updated version of OHIM’s Manual on Trade Mark Practice, follows a decision by the Court of Justice of the EU in IP Translator.

In June last year the Court ruled that trade mark applicants in Europe must identify goods and services “with sufficient clarity and precision” so that examiners and other businesses can determine the extent of protection “on that basis alone”.

Since then, EU IP offices, Switzerland’s IPI, Norway’s NIPO, user associations and OHIM have been working on a common position on the interpretation of the Nice Class headings and the acceptability of general indications of the Nice Class headings.

Now they have agreed a second Common Communication setting out a list of 11 general indications which lack clarity and precision, requiring further specification. These include Class 6 (Goods of common metal not included in other classes) and Class 7 (Machines and machine tools).

more from across site and ros bottom lb

More from across our site

Civil society and industry representatives met in Geneva on Thursday, September 28 to discuss a potential expansion of the TRIPS waiver
Sources say the beta version of the USPTO’s new trademark search tool is a big improvement over the current system but that it isn’t perfect
Canadian counsel weigh in on the IP office’s decision to raise trademark filing fees in 2024 and how they’re preparing clients
We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP
Shira Perlmutter, US Register of Copyrights, discussed the Copyright Office's role in forming generative AI policy during a House of Representatives hearing
The award marks one of the highest-ever damages received by a foreign company in a trademark infringement suit in China
Two orders denying public access to documents have reignited a debate over a lack of transparency at the new court
Rouse’s new chief of operations and the firm’s CEO tell Managing IP why they think private equity backing will help it conquer Europe
Brian Landry, partner at Saul Ewing, reveals how applicants can prosecute patent applications in the wake of the Federal Circuit's In re Cellect ruling
Ronelle Geldenhuys of Australia’s Foundry IP considers the implications complex computer technologies such as AI have on decision-making