The 2023 edition of the examination guidelines for EU trade marks (EUTMs) and registered Community designs (RCDs) approved by the Executive Director of the European Union Intellectual Property Office (EUIPO) on 24 March 2023 and entered into force on 31 March 2023.
New version of the guidelines highlights the EUIPO’s methodology for classifying non-fungible tokens (NFTs), virtual products, and virtual services. The guidelines claim that the term "virtual goods" lacks precision and clarity and needs to be further defined, while the term "non-fungible tokens (NFTs)" as it currently stands is unacceptable and has to be further defined as to what they refer to.
The chapters on geographical indications (GIs) and traditional speciality guaranteed (TSGs) have both been updated to reflect changes to the four European Union (EU) rules on agricultural GIs.
Following a review of the case law, the concept of "well-known facts" has also been updated in the revised guidelines. Well-known facts are now explained as ‘those that are likely to be known by anyone or that may be learnt from generally accessible sources’.
The new guidelines can be found here.
- Publication date
- 17 April 2023
- European Innovation Council and SMEs Executive Agency