- News
- News
The IP Translator (case 307/10).
The IP Translator (case 307/10).
For the Court of Justice good and services must be identified by the applicant with sufficient clarity and precision. Class headings can still be used, but the TM offices will have to make a case by case assessment.
Herebelow the conclusions of the Court of Justice:
1. Directive 2008/95/EC must be interpreted as meaning that it requires the goods and services for which the protection of the trade mark is sought to be identified by the applicant with sufficient clarity and precision to enable the competent authorities and economic operators, on that basis alone, to determine the extent of the protection conferred by the trade mark.
2. Directive 2008/95 must be interpreted as meaning that it does not preclude the use of the general indications of the class to identify the goods and services for which the protection of the trade mark is sought, provided that such identification is sufficiently clear and precise.
3. An applicant for a national trade mark who uses all the general indications of a particular class heading of the Classification must specify whether its application for registration is intended to cover all the goods or services included in the alphabetical list of that class or only some of those goods or services. If the application concerns only some of those goods or services, the applicant is required to specify which of the goods or services in that class are intended to be covered.