Category Archives: Laws and Legislation

International Registrations designating the European Union (CTM/OHIM) previously relied upon the International Bureau (WIPO) for compliance with proper goods and services classification. There are differences between what is acceptable by WIPO, and would be acceptable by OHIM for directly filed applications. For all International Registrations designating the European Union after October 1, 2014, OHIM will now examine all goods and services listed in the international registration for compliance with OHIM requirements. In particular, this addresses the issue of vague and uncertain terms and requiring designations of goods and services that are clear and precise. Should OHIM determine that the goods and services lack clarity or precision, it will issue a notification of provisional refusal with respect to said registration.

We refer our readers to information about goods and services as well as the pitfalls of using class headings in the United States.

There is a clear trend amongst trademark offices to require clear and precise descriptions of goods and services. The USPTO has been more particular in this respect than many other trademark offices. As the world keeps getting “smaller” with more and more opportunities to engage in business throughout the world, it is important to establish a trademark protection program that properly focuses the registrations on precisely what products and services the brand owner is using its mark on.