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What's next - an introduction to the IP Translator case
Extent of protection sought must be identified by applicants with sufficient clarity and precision to enable interested parties to determine the TM extent of claim on that basis alone
In certain EU countries this was achieved by indicating a detailed list of the goods/services, while in other EU Countries and at the CTM level it was permitted to claim the entire goods/services by indicating the so called class headings.
Although this decision arises out of a referral for interpretation of the Trademark Harmonization Directive covering national laws, OHIM has been swift to issue a notice (Comm. 2/2012) effective June 21 2012 stating that OHIM will assess whether class headings are sufficiently clear and precise on a case by case basis.
There are still no official reactions by National TM Offices (and of course by national Courts) so there still is potential for different interpretations among these entities until and unless a convergence of office practices on this issue is agreed.
As far as existing registrations / pending applications are concerned, OHIM has stated that where these CTMs have claimed a class heading then they will be deemed to include all of the goods or services within the alphabetical list of the class.
We are now waiting to see how the National Offices and Courts will react to this.