On July 8 2015 the Office for Harmonisation in the Internal Market (OHIM) adopted a revised set of guidelines, which became effective as of August 1 2015.

In general, the changes concern modifications to the format and structure of the guidelines, updated case law and cross-references, corrections of errors and clarifications in wording. However, the part on restitutio in integrum has been completely re-drafted: the principles of restitutio in integrum have been clarified and examples of where the party applying for restitutio in integrum has exercised “all due care required by the circumstances” have been introduced.

OHIM guidelines are a helpful source for users of the Community trademark system and professional advisers.

Katja Kovacic – OHIM guidelines update clarifies “all due care” requirement in restitutio in integrum applications, WTR, 2015