NEW COMMON COMMUNICATION CP15 “COMPARISON OF GOODS AND SERVICES – TREATMENT OF TERMS LACKING CLARITY AND PRECISION AND COMMON INTERPRETATION OF CANON CRITERIA AND OTHER FACTORS” PUBLISHED BY EUROPREAN INTELLECTUAL PROPERTY NETWORK ON MARCH 2025.
This Article focuses and analyses the new CP15 which aims to harmonize how European Intellectual Property offices assess the similarity of goods and services in trademark disputes, specifically when dealing with vague or imprecise terms.
In general, the European Union Intellectual Property Network (EUIPN) issues Common Practices to harmonize the way intellectual property laws are interpreted and applied across the EU, especially in relation to trademarks and designs. These practices are not legally binding but are widely followed by national IP offices and courts in the EU to ensure consistency.
In March of 2025, EUIPN issued a common communication known as CP15 which according to the announcement of the Cyprus Intellectual Property Section of the Department of Registrar of Companies and Intellectual Property, will be implemented by the Republic of Cyprus on the 12th of June 2025 for procedures that will initiate after the implementation date.
CP15 plays a key role in addressing the challenges posed by unclear or imprecise terms in trademark disputes. It focuses on the comparison of goods and services using the well-established case – law criteria, known as Canon criteria and other relevant factors. This is particularly important because, in the past, vague or overly broad terms created legal uncertainty, as decisions regarding the similarity of compared goods and services varied significantly across jurisdictions. While CP1 brought clarity at the registration stage by identifying acceptable and unacceptable terms, CP15 is specifically concerned with how goods and services are compared in the context of trademark disputes.
CP15 provides guidance to the EUIPO and national IP offices across the EU, aiming to promote consistent decision-making and enhance legal certainty. Rather than offering a fixed list of unclear terms or prescribing specific outcomes, it outlines principles to guide the assessment of goods and services. This approach improves transparency and predictability for both examiners and trademark applicants/owners.
The methodology under CP15 is grounded in established case-law and considers factors such as the nature, purpose, method of use, complementarity, competition, distribution channels, target consumers, and the potential common origin of the goods and services being compared. These criteria ensure that comparisons are conducted in a logical, structured, and evidence-based manner.
Importantly, the fact that a term in an earlier trademark is vague does not mean it will be excluded from the comparison. Instead, such terms will be interpreted based on their literal meaning and the context of their classification. The EU General Court has confirmed in multiple cases that trademark owners who fail to define their goods and services clearly cannot later benefit from that vagueness in legal proceedings. CP15 embeds this principle, discouraging the strategic use of vague terms and encouraging precision in trademark specifications.
TIP FOR TRADEMARK OWNERS: Precision in defining the goods and services of your trademark is essential, not only during the registration process but also in any future trademark disputes. Clear and specific terms strengthen your position and reduce the risk of legal uncertainty.
This article is intended to provide general guidance on the topic. At GIORGOS LANDAS LLC, we assist clients in identifying clear and specific goods and services for their trademark applications, helping to avoid the risks associated with vague or overly broad terms. Whether you are filing in Cyprus, the European Union, or internationally, we are here to support you in ensuring your trademark rights are well-defined and enforceable. For more information, feel free to contact us through our website or by emailing info@landaslaw.com. To learn more about the new CP15 and its implications, you may also refer to the official EUIPN website (www.euipn.org).