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Class headings: the Benelux point of view

Class headings: the Benelux point of view. art. 2.20 (4) BCIP: “ The classification adopted for the registration of trademarks in accordance with the Nice Agreement shall not constitute a criterion for evaluating the similarity of goods or services. ”

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Class headings: the Benelux point of view

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  1. Class headings: the Benelux point of view

  2. art. 2.20 (4) BCIP: “The classification adopted for the registration of trademarks in accordance with the Nice Agreement shall not constitute a criterion for evaluating the similarity of goods or services.” (see also art. 9 of TLT / Singapore Treaty). BOIP does not agree with OHIM that a class heading covers all goods / services within a class.

  3. Class headings: the practical consequences • A registration for musical instruments can be limited to violin cases in OHIM’s view, but it cannot in BOIP’s view. • An owner of a registration for musical instruments that has used his mark only for violin cases for longer than 5 years can risk having his registration cancelled in BOIP’s view, and not in OHIM’s view. • In an opposition between a mark for musical instruments and a mark for violin cases, I presume that OHIM would consider the goods identical and BOIP would consider them similar.

  4. Class headings: conclusion • BOIP does not agree with OHIM’s interpretation of class headings. • This issue will not be resolved by discussions such as we have today. • If there ever will be harmonization on this matter, it must come from the ECJ.

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