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Convergence Projects within the EU

The European Union Intellectual Property Office (EUIPO), national offices such as the German Patent and Trade Mark Office (DPMA) and user associations are working together to harmonise the examination practices and standards of the trade mark offices of the EU member states. This cooperation has resulted in various convergence initiatives, the results of which can be found under the following links.

There are 14 completed Convergence Projects to date

• CP1 Convergence Project – on the "Acceptability of Classification Terms and the General Indications of the Nice Class Headings"
  CP1 concerns the harmonisation of the trade mark classification practice for goods and services.

• CP2 Convergence Project – on the "Interpretation of Scope of Protection of Nice Class Headings (formerly Implementation of ‘IP Translator’)"
  CP2 concerns the standardisation of class headings.

• CP3 Convergence Project – "Distinctiveness – Figurative Marks Containing Descriptive/Non-Distinctive Words"

• CP4 Convergence Project – "Scope of Protection of Black and White ("B&W") Marks"

• CP5 Convergence Project – "Relative Grounds – Likelihood of Confusion (Impact of Non-Distinctive/Weak Components)"

• CP6 Convergence Project – Convergence relating to the "Graphic Representation of Designs"

• CP7 Convergence Project – "Harmonisation of Product Indications" (for utility models and/or designs)

• CP8 Convergence Project – "Use of a Trade Mark in a Form Differing from the One Registered"
  CP8 deals with the question of when a form of use that deviates from the registration of a trade mark is recognised as preserving rights.

• CP9 Convergence Project – "Distinctiveness of Three-Dimensional Marks (Shape Marks) Containing Verbal and/or Figurative Elements when the Shape is Not Distinctive in Itself"
  CP9 deals with the question when word and/or figurative elements applied to such three-dimensional shapes that are not registrable are capable of conferring protection.

• CP10 Convergence Project – "Criteria for Assessing Disclosure of Designs on the Internet"

• CP11 Convergence Project – "New Types of Marks: Examination of Formal Requirements and Grounds for Refusal"

• CP12 Convergence Project on the establishment of common principles on the filing and structure of evidence and on the treatment of confidential evidence before boards of appeal
  The DPMA was not involved in CP12 because in Germany the Federal Patent Court, which is independent of the DPMA, is exclusively responsible for handling appeal proceedings. Similar constellations can also be found in other EU member states.

• CP13 Convergence Project – Trade mark applications made in bad faith

• CP14 Common Communication on the Common Practice on trade marks contrary to public policy or to accepted principles of morality and the Appendix

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About the European Union Intellectual Property Network

Information and further documents (including what are referred to as Common Communications on the various Convergence Projects) can be found at https://www.tmdn.org/#/practices on the "European Union Intellectual Property Network (EUIPN)" platform.

Last updated: 19 April 2024