UFOS (unidentified filing date-seeking objects):
If it is not clear from the representation of the mark read in conjunction with the list of goods and services what the shape applied for represents, there is an inherent difficulty: without knowing what the shape is, it cannot be ascertained whether it will be distinctive, nor can it be ascertained whether it is common or functional. The applicant should be requested to clarify the nature of the shape (here is a duty to cooperate and to provide truth information). In any event those shapes should be refused if they consist of basic geometric shapes or banal elements.
Some further OHIM news: MarkMatters.com wants to draw your attention to the tool that has been released recently by the OHIM. With this tool you can check whether the OHIM thinks that products or goods are similar or not. Of course, the assessment of confusion is a difficult question that depends on several elements. Moreover, those elements influence each other as well. So the result of this check should only be informative, however, it is quite helpful to have a first look at the basic opinion of the OHIM.
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