Within the European Trade Mark and Design Network two new areas of common practice have come to fruition. Against this background the EUIPO and participating offices have published the following Common Communications:
- CP9 distinctiveness of 3D marks with word/graphical elements addresses the question in which cases the addition of word- or graphical element to an, in and of itself, not distinctive shape may confer a sign as a whole with a level of distinctiveness sufficient for registration as a shape mark. The document provides practical guidelines and a large number of examples. The common practice laid out in the communication is consistent with the existing practice of BOIP and thus implemented directly and without reservations.
- CP10 Disclosure of Designs on the Internet concerns the requirements for evidence of disclosure of designs on the Internet. Since the novelty or individual character of a design is not examined by BOIP, this Common Practice can obviously not be implemented. However, the document can serve as a useful reference tool for other procedures in which Internet-based evidence can play a role.