The two Convergence Projects will be presented to the EUIPO Management Board and Budget Committee in June for adoption, according to the EUIPO monthly newsletter to users associations. Their full titles are:
CP8 - Use of a trade mark in a form differing from the one registered. This will aim to establish common criteria for determining the elements of a trade mark that can be changed without altering its distinctive character, in order to prepare those offices now assessing genuine use for its introduction in opposition, revocation and invalidity proceedings upon transposition of the new Trade Mark Directive.
CP9 - Distinctiveness of three-dimensional marks containing verbal and/or figurative elements when the shape is not distinctive in itself. This will aim to establish a harmonised approach to this question in anticipation of an increase in applications expected as a result of the abolition of the graphical representation requirement.
ECP4 project
These projects are the outcome of the first cycle of the ECP4 Convergence Analysis project, which was based on the changes brought by the new Trade Mark Directive. MARQUES is a member of the ECP4 Working Group and MARQUES Teams have been instrumental in voicing the needs of brand owners.
The Working Group meeting on 30th and 31st March 2017 marked the conclusion of the second cycle of ECP4, bringing to 18 the number of trade mark and design topics analysed. There are four new convergence projects recommended for launch.
The second cycle of ECP4 involved the analysis and re-analysis of various trade mark and design topics, and led to the recommendation to launch Convergence Projects CP10: Criteria for assessing disclosure of designs on the internet and CP11: The notion of subject matter. More information on these will be available soon.
Ahead of the third cycle, EUIPO has launched questionnaires seeking user input on current practices. The results of these questionnaires will form the basis for discussions in the Working Group meeting that takes place in October 2017.
MARQUES, via the relevant Teams, will be fully involved in representing members' interests in the questionnaires.