Resumption of Seniority Examination

Kador & Partner, Munich, Germany, Jennifer Clayton-Chen

Resumption of Seniority Examination OHIM had announced, at the end of 1997, a temporary suspension of examination of seniority claims based on Article 34 CTMR (i.e. in the application stage), the reason for this measure being the unexpectedly high workload of the Office. Since then, we have frequently received inquiries from clients regarding the ending of this temporary measure.

- We can now report that the examination of seniority claims at the application stage has been resumed with all CTM applications filed since May 1, 2000.
- Examination of seniority claims filed on the basis of Article 35 CTMR (i.e. after registration) is carried out as before.
- Seniority claims the examination of which had previously been suspended remain suspended until further notice.

According to Communication No. 2/00 of the President of OHIM, the scope of examination will be limited to the question whether the marks are the same. The other two requirements of the so-called triple identity rule (same goods and services and same owner) will not be examined, except that the Office may refuse a seniority claim where a mistake is obvious. As stated in the Communication, "it is for the applicant to make certain that the requirements of the triple identity are met".