- CP 1. Harmonisation of Classification
- CP 2. Convergence of Class Headings
- CP 3. Absolute Grounds – Figurative Marks
- CP 4. Scope of Protection Black and White Marks
- CP 5. Relative Grounds – Likelihood of Confusion
- CP 6. Convergence on Graphic Representations of Designs
- CP 7. Harmonization of Product Indications
- The assessment of enhanced distinctiveness and/or acquired distinctiveness through use and/or reputation, as it is assumed that from the circumstances of the case none of the marks are reputed or have enhanced distinctiveness acquired through use;
- Agreement on the other factors that are considered when assessing the likelihood of confusion;
- Agreement on the interdependencies between the assessment of distinctiveness and all the other factors that are considered when assessing the likelihood of confusion;
- Language issues, in that marks containing word elements with no or low distinctiveness in English will be considered to have this weakness in all languages and are understood by the national offices.
- Define what marks are subject to assessment of distinctiveness: the earlier mark (and/or parts thereof) and/or the later mark (and/or parts thereof);
- Determine the criteria to assess the distinctiveness of the mark (and/or parts thereof);
- Determine the impact on likelihood of confusion (LOC) when the common components have a low degree of distinctiveness;
- Determine the impact on LOC when the common components have no distinctiveness.
- The other elements have a lower or the same low distinctiveness or they have an insignificant visual impact and the overall impression of the marks is similar; or
- The overall impression of the marks is highly similar or identical.
|If even cats can converge, trade mark granting|
authorities should be able to manage it too