Implementation of the CP5 Convergence Project - Common Practice of Relative Grounds – Likelihood of Confusion (impact of nondistinctive/weak components)

Ministry of Economic Development of Montenegro, in May 2024, published a Practice paper regarding Relative Grounds – Likelihood of Confusion (impact of nondistinctive/weak components).

The publication of this Practice paper is the outcome of the combined effort of the Ministry of Economic Development of Montenegro and the EUIPO on finding common ground with the criteria listed under the Common Practice of Relative Grounds – Likelihood of Confusion (impact of nondistinctive/weak components) (CP5). The principles derived from practice will be generally applied and are intended to cover a large majority of cases.

This document, developed within the framework of these offices’ international cooperation activities, aims to increase clarity, transparency, legal certainty and predictability for the benefit of the users and examiners. It is intended 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 applied by the Ministry of Economic Development of Montenegro and the IP offices of the European Union Intellectual Property Network (EUIPN).

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