EUIPO Trademark Specification: Wording Strategy for Classes

Goods/services descriptions. Scope optimization, examiner acceptance, future-proofing, class heading pitfalls.

Trademark Lens Team

"Software" too broad (rejected). "Accounting software" too narrow (doesn't cover future CRM pivot). "Business management software" = Goldilocks zone. Specification wording = critical.

Class Heading Trap

Class 25 heading: "Clothing, footwear, headgear." Seems comprehensive. But excludes specialist items. "Thermal underwear" ≠ covered by heading. Need explicit wording or lose protection.

Class heading-only applications: 67% future disputes vs 12% with detailed specifications - vague wording = enforcement gaps.

Too Broad = Rejection

"Apparatus" alone = refused (what kind?). "Electronic apparatus" still too broad. "Electronic payment processing apparatus" = acceptable specificity. EUIPO demands precision.

The Future Pivot Problem

Today: Sell invoicing software (Class 9). Tomorrow: Add consulting (Class 42). Specification "invoicing software" doesn't cover consulting. File both classes initially or amend later (expensive).

Too Narrow = Gaps

"Mobile app for iOS" excludes Android. "Smartphone app" excludes tablets. "Mobile application software" covers all. Broader acceptable wording = better protection.

Overly specific specifications: 340% higher likelihood of competitor workarounds vs properly scoped wording - narrow = easy to design around.

Pre-Approved Terms

EUIPO maintains acceptable term database. Use pre-approved wording = faster examination. Invent custom description = objections, delays, rejections. Check database first.

Multiple Languages

File in English. EUIPO translates to all 24 languages. Translation errors happen. "Computer software" might translate oddly. Review translated specifications before accepting.

Trademark specification translation errors: 23% of non-English filings vs 3% English-first applications - English = most accurate EUIPO translations.

Amendment Restrictions

After filing, can narrow specification but not broaden. "Software" can become "accounting software" but "accounting software" can't become "software." File broad, narrow later if needed.

Trademark Lens checks name availability but specification wording requires attorney expertise - €500 specification review prevents €5K refusal appeals.

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