Common Practices
Harmonized guidelines developed jointly by the EUIPO and national IP offices to ensure consistent decision-making across the EU
CP 1: Acceptability of Classification Terms and the General Indications of the Nice Class Headings
Guidelines to determine when a classification term is sufficiently clear and precise, using the Nice Classification system.
CP 2: Interpretation of Scope of Protection of Nice Class Headings (formerly Implementation of 'IP Translator')
Common interpretation guidelines for the scope of protection offered by Nice Class headings.
CP 3: Distinctiveness - Figurative Marks containing descriptive/non-distinctive words
Assessment criteria for figurative marks that include descriptive or non-distinctive textual elements.
CP 4: Scope of Protection of Black and White ("B&W") Marks
Guidelines on the protection scope and color claims for black and white trademark registrations.
CP 5: Relative Grounds – Likelihood of Confusion (Impact of Non-Distinctive/Weak Components)
Assessment of likelihood of confusion when trademarks contain weak or non-distinctive elements.
CP 8: Use of a Trade Mark in a Form Differing from the one Registered
Guidelines on acceptable variations in trademark use compared to the registered form.
CP 9: Distinctiveness of three-dimensional marks (shape marks) containing verbal and/or figurative elements when the shape is not distinctive in itself
Assessment criteria for 3D marks combining shapes with verbal or figurative elements.
CP 11: New Types of Marks: Examination of Formal Requirements and Grounds for Refusal
Examination procedures and criteria for non-traditional trademark types.
CP 12: Evidence in Trade Mark Appeal Proceedings: Filing, Structure and Presentation of Evidence, and the Treatment of Confidential Evidence
Standards and procedures for evidence submission in trademark appeal proceedings.
CP 13: Trade mark applications made in bad faith
Identification and assessment criteria for trademark applications filed in bad faith.
CP 14: Trade marks contrary to public policy or to accepted principles of morality
Guidelines for refusing marks that violate public policy or morality standards.
CP 15: Comparison of goods and services: treatment of terms lacking clarity and precision and common interpretation of Canon criteria and other factors
Methods for comparing goods and services, especially when dealing with imprecise terms.