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NEWS - NOVEMBER 2007TRADEMARKS SWITZERLAND: Change in practise for the examination of 3-D trademarks.The Swiss Federal Institute for Intellectual Property (IFPI) is now to take 2-dimensional elements into consideration in the examination of 3-dimensional trademarks with respect to assessing whether a mark is excluded from protection under art.2 let.b LPM (nature of product itself, technical necessity) and art.2 let.a LPM (belonging to public domain). Under the new practise a mark in the form of the commonplace shape of a product or packaging combined with distinctive 2-dimensional elements (verbal or figurative) will not be excluded from registration where the 2-dimensional elements influence fundamentally the overall impression of the mark. To be taken into account the 2-dimensional elements must be immediately recognisable when assessing the overall impression given by the mark. 2-dimensional elements which are too small compared to the product or affixed in an unusual place are not considered capable of conferring a distinctive character on the overall mark. These changes align the practise of the IFPI with the recent jurisprudence of the Tribunal administratif fédéral, and should allow greater scope for the registration of 3-D trademarks comprising verbal or figurative elements. The change in practise comes into force on 1 December 2007, and applies to all pending procedures. For further Information see: EPO UPDATE: Norway & Croatia to join the EPC.Both Norway and Croatia have deposited their instruments of accession to the EPC and to the Act revising the EPC of November 29 2000. The EPC will enter force in Norway and in Croatia on 1 January 2008, making these two countries the 33rd and 34th member states of the EPC respectively. European patent applications filed on or after 1 January 2008 will automatically include the designations of Norway and Croatia. Any PCT application filed on or after 1 January 2008 will automatically designate Norway and Croatia for the purposes of obtaining a European patent. It is not possible to obtain a European patent for Norway or Croatia on the basis of a PCT application filed before 1 January 2008. For PCT applications filed before 1 January 2008 protection in Norway or Croatia can only be obtained by the national route. For further information see: |