The IP TRANSLATOR Test Case

The UK Patent Office and OHIM's conflicting approaches to reading class headings have caused difficulties in trade mark applications for quite some time. The IP TRANSLATOR test case was brought by CIPA in an attempt to resolve the issue.

Three questions were referred to the CJEU:

  • What degree of clarity and precision are necessary when identifying the goods and services in a trade mark application?
  • Is it permissible to use the general words of the Nice Classification class headings to identify those goods and services?
  • If so, how should the general words be interpreted with respect to Communication No 4/03?

What does the CJEU's decision mean for future trade mark applications?


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Date:Published Monday 23 July 2012
Duration:0.75 hours
CPD hours:1 hour

Richard Ashmead

International IP Consultant & Trade Mark Specialist

 
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