OHIM bericht: "Following the publication of the IP Translator judgment in June 2012, OHIM and the EU National IP Offices have been discussing the interpretation of the Nice class headings in various meetings. In May 2013, in under a year, all general indications of the Nice class headings were reviewed and agreement was reached that 11 general indications do not follow the requirements of clarity and precision as set out in the IP Translator judgment. Those general indications will no longer be accepted without further specification. The remaining 186 general indications of the Nice class headings are considered acceptable for classification. This new practice will soon be announced by way of a Common Communication and implemented in the coming months.
The general indications that were considered to lack the clarity and precision to specify the scope of protection are marked in bold in the following list:
- Cl. 6 – Goods of common metal not included in other classes
- Cl. 7 – Machines and machine tools
- Cl. 14 – Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes
- Cl. 16 – Paper, cardboard and goods made from these materials [paper and cardboard], not included in other classes
- Cl. 17 – Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials [rubber, gutta-percha, gum, asbestos and mica] and not included in other classes
- Cl. 18 – Leather and imitations of leather, and goods made of these materials [leather and imitations of leather] and not included in other classes
- Cl. 20 – Goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics
- Cl. 37 – Repair
- Cl. 37 – Installation services
- Cl. 40 – Treatment of materials
- Cl. 45 – Personal and social services rendered by others to meet the needs of individuals
This new practice has been reflected in OHIM’s Manual on Trade Mark Practice, more specifically in the part on examination of classification, by way of a fast-track procedure and will be implemented by OHIM as soon as the new website and new e-filing tool are available to the users at the end of November."
Lees het bericht hier. Het IP Translator-arrest hier.
