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State Office of Industrial Property of North Macedonia implements CP3

Today the State Office of Industrial Property (SOIP) of North Macedonia published a Practice Paper on when a figurative mark containing purely descriptive/non-distinctive words passes absolute grounds examination because the figurative element renders the mark as a whole sufficiently distinctive.

The publication of this Practice Paper is the outcome of the SOIP’s work on finding common grounds with the criteria listed under the Common Practice on Distinctiveness - Figurative Marks containing descriptive / non-distinctive words (CP3). The principles of the practice will be generally applied and aim to cover a large majority of cases.

This document, which is the result of the combined effort of the SOIP and the EUIPO within the framework of their international cooperation activities, aims to increase clarity, transparency, legal certainty and predictability for the benefit of users and examiners.

The Practice Paper has been published for reference to interested stakeholders in advance of the implementation of the principles of the practices by SOIP, which will effectively take place on 14 March 2022.

The Practice Paper is divided into two parts. The first summarises the key messages and main statements of the principles of the practice. The second part provides a clear comprehensive explanation of those principles.

The Practice Paper can be found here.