Common European rules to stop dishonest and immoral trademarks

The EU and Norway have agreed on new guidelines for how to handle trademark applications submitted in bad faith or that violate law, public order, or morality. Such offensive trademarks will be assessed according to clear criteria that provide greater predictability, a well-defined basis for assessment, and equal treatment.

To create greater predictability and uniform practice, the Norwegian Industrial Property Office, in collaboration with the EUIPO, is implementing two common practice documents: CP13 and CP14 .

  • CP13 applies to trademark applications filed in bad faith and sets out assessment criteria for how such cases are handled.
     
  • CP14 applies to trademarks that are contrary to public policy or accepted principles of morality, and provides a clearer interpretation of these terms.

The practice documents are adapted to Norwegian conditions, but are based on common European guidelines developed through the European Union Intellectual Property Network (EUIPN).

Clearer assessment criteria for applicants and case managers

Both applicants and case managers will benefit from a clearer framework. The new documents help reduce uncertainty, ensure equal treatment of cases and strengthen legal certainty for all parties. For applicants, this means increased transparency, predictability and a clearer understanding of what is accepted in trademark law.

Part of a European harmonisation

The work is part of the EU's ongoing efforts to harmonise and align intellectual property practices across Europe, resulting in a common understanding and assessment criteria that make it easier to protect trademarks across borders.

Practice documents: CP13 and CP14

The practice documents are available in English:

Supplements existing practice documents

CP13 and CP14 supplement previous practice documents and contribute to comprehensive guidance in trademark law.

  • CP3: distinctiveness for figurative marks
  • CP4: protection for black-and-white marks
  • CP5: likelihood of confusion
  • CP8: genuine use
  • CP9: distinctiveness for three-dimensional marks
  • CP11: non-traditional trademarks

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