The National Institute of Standardization and Industrial Property of Tunisia (INNORPI) has published a practice paper concerning the examination of absolute grounds for refusal as regards figurative trademarks with purely descriptive words/expressions, the European Union Intellectual Property Office (EUIPO) said in its website.
The INNORPI is at the forefront of non-European IP offices in finding common grounds with the criteria listed under the Common Communication on the Common Practice of Distinctiveness (CP3) — Figurative Marks containing descriptive/non-distinctive words. The publication of this practice paper is a result of the joint collaboration between the INNORPI and the EUIPO, within the framework of its international cooperation activities, the same source said.
The practice paper provides a clear and comprehensive explanation of the principles on which the practice is based, which will be generally applied by the INNORPI and the IP offices of the European Union Intellectual Property Network (EUIPN).
The publication of this practice paper seeks to increase transparency, legal certainty and predictability for the benefit of users and examiners of IP offices. It also aims to become a reference for all interested parties, covering a majority of cases.
The practice paper has been made publicly available in Arabic, French and English. It is divided into two sections; the first part summarises the criteria, while the second part provides a complete explanation of the different criteria applicable in each case.