The State Office of Industrial Property of the Republic of North Macedonia(SOIP) has published a practice paper regarding non-distinctive/weak components of marks when assessing likelihood of confusion.
The publication of this practice paper is the outcome of the combined effort of the SOIP and the EUIPO on finding common grounds with the criteria listed under the (Common Practice of Relative Grounds of Refusal – Likelihood of Confusion (impact of non-distinctive/weak components)(CP5). The principles of the practice will be generally applied and aim to cover a large majority of cases.
This document, developed within the framework of these entities’international cooperation activities, aims to increase clarity, transparency, legal certainty and predictability for the benefit of users and examiners of the IP offices.It alsointends to be a reference for these and all other interested parties.
The practice paper provides a clear and comprehensive explanation of the principles on which the practice is based. It will be generally applied by the SOIP and the IP offices of the European Union Intellectual Property Network (EUIPN).
The Practice Paper has been published for reference to interested stakeholders in advance of the implementation of the principles of the practice by SOIP, which will effectively take place on 6 April 2024.
The document is divided into two parts. The first summarises the key messages and statements of the practice principles. The second provides a clear and comprehensive explanation of these principles.
The practice paper can be found HERE.
The SOIP also published the following practice paper to add clarity to examination practices, available in Macedonian, Albanian and English:
- CP3–Distinctiveness - Figurative Marks containing descriptive / non-distinctive words (MK / AL / EN).
- CP4 – Scope of protection of black and white marks ( MK / AL / EN).