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3 Aug 2020, 12:52 pm
Rather, it is a purely random and incidental aspect of the goods which does not have any direct and immediate link with their nature.Therefore, the GC came to the conclusion that the Board had infringed Art 7(1)(c) EUTMR in finding that 'Off-White' would be descriptive of the goods for which registration was sought.The independence of absolute grounds for refusalTurning to Art 7(1)(b) EUTMR, the GC noted that the absolute grounds for refusal… [read post]
30 Jan 2024, 9:00 am
The CJEU held that the trade mark owner is not required to adopt a marking system that allows verification by third-parties whether a particular product was destined for the EEA market (Harman International Industries, C-175/21 at para. 53). [read post]
11 Sep 2022, 11:43 am
The appeal was therefore dismissed.CommentPosition marks are marks consisting of the specific way in which a mark is placed on or affixed to the goods. [read post]
4 Oct 2009, 4:45 am
's marks would not be seen as denoting trade origin of the goods covered, such as jewellery, clothing and fashion accessories. [read post]
9 Oct 2013, 11:56 am
The account received by the IPKat does not name either party, but Merpel has a pretty good idea who the plaintiff may be. [read post]
30 Dec 2018, 4:13 am
The more distinctive the earlier mark, the greater the risk of confusion, and marks with a highly distinctive character, either per se or because of the reputation they enjoy on the market, enjoy broader protection than marks with a less distinctive character (Canon, C-39/97). [read post]
1 Oct 2017, 4:34 am
Even if the public were able to distinguish between the marks at issue, they could be led to believe that the trade marks originate from the same undertaking in that they cover the same goods. [read post]
16 Jul 2012, 12:28 am
First it summarised the relevant Court of Justice case-law for establishing whether a mark has distinctive character, paying special attention to Case C 398/08 P Audi. [read post]
15 Dec 2019, 11:48 am
(Ansul, C‑40/01) The CJEU pointed out that the GC did not perform the examination to establish the use of the mark on the market. [read post]
26 Aug 2010, 6:00 am
Section 292 of the Patent Act provides for a civil penalty for falsely marking a good as patented. [read post]
9 Jul 2022, 4:18 am
As a result, “only a mark which departs significantly from the norm or customs of the sector of the goods and services at issue and thereby fulfils its essential function of indicating origin is not devoid of any distinctive character” (Vuitton, T-105/19, para 17).Over the past two years alone, the following marks failed to satisfy the “significant departure” test: A significant – though rather isolated – exception in this review is… [read post]
25 Jul 2013, 6:21 am
Action Ink registered THE ULTIMATE FAN in 1985 for “promoting the goods and/or services of others by conducting a contest at sporting events. [read post]
16 Aug 2013, 1:11 am
Coach Services, Inc. opposed an application to register the mark shown to the left below, for eyewear and related goods, claiming a likelihood of confusion with the two marks shown to the right, for admittedly identical goods. [read post]
2 Jan 2015, 2:02 am
This circumstance is in line with the judgment of the Court of Justice of the European Union (CJEU) in Case C-196/11P F1-LIVE, in which the CJEU held that a certain degree of distinctiveness must be acknowledged for the earlier trade mark on which an opposition is based. [read post]
6 Jan 2024, 4:16 am
The same year, the applicant, Full Colour, filed a request for a declaration of invalidity for all relevant goods and services on grounds of bad faith under Article 59(1)(b) EUTMR and also pursuant to Article 59(1)(a) EUTMR in connection with Article 7(1)(b) and (c) EUTMR.The parties’ argumentsThe applicant submitted, amongst other things, that the mark for which protection was obtained was identical to EUTM No 12 575 155 (that is: the registration at issue in the… [read post]
14 Mar 2017, 1:59 am
That, as they say, is the good news. [read post]
26 Apr 2021, 7:52 am
Accordingly, a low degree of similarity between those goods or services may be offset by a high degree of similarity between the marks, and vice versa (Canon (C-39/97)).The General Court considered that the goods in question were identical, the marks at issue had an average degree of visual and phonetic similarity and the opponent’s mark had an average degree of distinctiveness. [read post]
3 Jul 2015, 8:24 am
On that basis the CTMs had not been used by Sofa Workshop in the five year period in order to maintain or create market share within the EU for the goods or services covered by the marks. [read post]
16 Mar 2018, 3:33 am
" The goods overlap, but are the marks too close? [read post]
14 Feb 2007, 5:23 am
Third, by using the names of identifiable living individuals without written consent, the mark falls afoul of 2(c) even absent false association.I'm just surprised that the 2(a) refusals didn't include disparagement. [read post]
