In the European Union Intellectual Property Office (EUIPO) Director General Christian. Following the approval of Christian Archambeau by decision EX-23-2 of 24 March 2023, the latest version of the guidelines for the examination of European Union Trade Marks (EUTM) and registered Community Designs (RCDS) entered into force on 31 March 2023.
The updated guidance now includes the Bureau's approach to classifying non-homogeneous tokens (NFTS), virtual goods, and virtual services. The new guidelines state that the term "virtual goods" lacks clarity and accuracy and must be further specified, while the term "NFT" itself is unacceptable and the items associated with it must be further stated.
Regulation (EU) No 2021/2117 amends four EU regulations on geographical indications in agriculture. Therefore, after the entry into force of this regulation, the chapters on the protection of geographical indications and traditional specialties (TSG) were changed.
Following an analysis of case law, the new guidance also reviews the definition of "well-known facts". Now, "well-known facts" are defined as "facts that are likely to be known to anyone, or that can be learned from generally accessible sources."
In the area of registered Community designs, the new guidance now also includes an update to the assessment section on novelty and personality characteristics, which adds to the reference points used for comparison and further explains when a disputed design contains more or less features than an earlier design.
If interested parties wish to learn more about the changes, a summary of the major changes is available on the EUIPO website. As always, quality remains at the heart of EUIPO's priorities. The Bureau is committed to continuously improving and promoting its interaction with customers.
The new guide is currently available in five official languages, including English, French, German, Italian and Spanish.