French and International trademarks – Scope of the specification

Published onFebruary 2013

Further to the important decision of the Court of Justice Of the European Union IP TRANSLATOR (see our previous article), the French trademark office (INPI) and the International Bureau of the World Intellectual Property Organization (WIPO) have each rendered an official communication concerning the wording of the  applications claiming protection for all goods and services (1-2).

Both positions are identical.

The simple indication or statement that the use of class headings of the International Classification of Goods and Services intends to cover all goods and services of this particular class will be disregarded by both offices.

The applicant wishing to cover all goods and services of a class will have to indicate in the application all the terms contained in the alphabetical list of the concerned class.

This same interpretation of the legal texts and of the Community case law by INPI and WIPO will give a great advantage to the French applicants of International trademarks, whose French trademarks will be acceptable as such as a base of International trademarks.

NOTES:

(1) WIPO – Information notice N°23/2012 of November 23, 2012

(2) INPI – Statement of Chief executive officer of December 28, 2012

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