When does the use of a trademark in a form other than the registered form affect the distinctive character of the trademark? In order to assess this, a document containing general principles has recently been made available from the European Trade Mark and Design Network.
The Common Communication CP8 use of a trade mark in a form differing from the one registered aims at identifying general principles for assessing when the use of a trade mark in a form differing from the one registered alters its distinctive character. The purpose of these general principles is to further increase transparency, legal certainty, and predictability for the benefit of examiners and users alike. The document provides practical guidelines and a large number of examples.
The Common Practice is consistent with the existing practice of BOIP and thus implemented directly and without reservations.