IP TRANSLATOR and trade mark registration goods/services scope

Abstract

The reference questions to the Court of Justice of the European Union (ECJ) in the IP TRANSLATOR trade mark case were widely expected to resolve the EU ‘class heading dispute’ on how Nice Classification class headings used in trade mark applications and registrations should be construed, whether according to the natural and usual meanings of their words, ie as ‘means-what-it-says’, or more broadly to cover ‘All goods in class XX’ under the ‘class-headings-cover-all’ approach. Although the case and its reference questions centre on use of Nice Classification wordings in trade mark applications, the issues arising concern the substantive legal scope of both trade mark applications and registrations.