WIPO’s SCT Examines Non-Traditional Marks, Trademark Opposition and Industrial Designs

GENEVA - Non-traditional marks, such as holograms and scent marks, trademark opposition procedures and questions relating to the registration of industrial designs topped the agenda of the World Intellectual Property Organization (WIPO) Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT), which met from July 21 to 25, 2008.

According to a press release by WIPO, the SCT identified a number of areas of convergence for the representation and description of “non-traditional marks” such as three-dimensional marks, color marks, sound marks, scent marks, movement marks, hologram marks, slogans or position marks.

The SCT also explored ways to promote greater convergence in procedures relating to various aspects of trademark opposition. Such procedures offer third parties the opportunity to object to the registration of a trademark either before or after it has been registered with a trademark office.

The SCT agreed on a number of areas of convergence in this field, such as the relation between opposition and examination procedures, grounds for opposition, entitlement to file an opposition, the length of the opposition period, observations made by third parties and the “cooling off” period allowing for settlement negotiations.

With regard to industrial designs, the SCT examined the Summary of Replies to the Questionnaire on Design Law and Practice, a document prepared on the basis of the responses received from 68 members and observers to the SCT, dealing generally with the formalities for design registration procedures, management of registrations and communications with offices.

The next meeting of the SCT is scheduled to take place in Geneva December 1-5, 2008.