Implementation of the CP9 Convergence Project - Distinctiveness of three-dimensional marks (shape marks) containing verbal and/or figurative elements when the shape is not distinctive in itself

The Ministry of Economic Development and Tourism of Montenegro, in December 2022, has published a Practice paper on the Distinctiveness of three-dimensional marks (shape marks) containing verbal and/or figurative elements when the shape is not distinctive in itself.

The publication of this practice paper is the outcome of the combined effort of the Ministry of Economic Development and Tourism of Montenegro and the EUIPO on finding common grounds with the criteria listed under the Common Communication on the Common Practice of Distinctiveness of three-dimensional marks (shape marks) containing verbal and/or figurative elements when the shape is not distinctive in itself (CP9). 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 also intends 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 Ministry of Economic Development and Tourism of Montenegro and the IP offices of the European Union Intellectual Property Network (EUIPN).

The documents 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.