The art of the trademark specification

Whereas the specification of trademarks leads to different habits in various countries from “we do not have any classes”  to “your specification has parantheses, you have to do your homework again” every trademark practitioner knows: the specification is a very important part of a trademark application.

When filing an European trademark, this used to be easy, you just register the mark for the class heading and the job was finished. All products and services where then included in the class. After the decision IP Translator just claiming the class heading was not enough, you had to declare that you want the whole class. But how? A question which now has been silently been answered by the Ohim: in the event you wish to register a trademark for the whole class, you have send this declaration while filing the application (the declaration cannot be submitted after the application!).

MarkMatters.com is curious how the class heading claim will be shown in the registry. Will the Benelux practice be followed (listing all the alphabetic list of products / services in the specification)? We do hope so, otherwise every application will remain indistinct and the IP Translator consequences are a step in the wrong direction.

A final advice: a customized specification is in most of the cases the best way to ensure that your trademark covers the your important products and to avoid objections against products or services which are not relevant anyway.

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