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8 Mar 2011, 2:14 am
In particular the texts of the Trade Mark Directive and the Community Trade Mark Regulation should be rewritten to match what the Court of Justice said they actually meant in eg Case C-292/00 Davidoff v Gofkid [we've all got used to the law now, so it would be a shame to spoil things by changing it -- but hasn't the ECJ's ruling in Davidoff done quite a bit to clutter the register by extending trade mark protection way past that which the law… [read post]
22 Oct 2014, 4:52 am
  Also yellowReferring in much detail to the CJEU’s recent decisions in the Specsavers(C-252/12) and the Oberbank and Santander cases (joined cases C-217/13, C-218/13), the BGH found a likelihood of confusion. [read post]
31 Mar 2008, 8:19 am
  Gonzales gets terrible marks, but Powell and Rice get good marks. [read post]
21 Jan 2019, 4:21 am
 The EUTM proprietor had been therefore unable to demonstrate that the mark had acquired distinctiveness through use for the designated goods pursuant to Article 7(1)(b) and (c) of the EUTMR. [read post]
19 Oct 2016, 1:26 am by Jani Ihalainen
To summarize their position, the General Court concluded that "...informing the relevant public that the goods and services concerned are made or adapted for body-building, the mark applied for has a sufficiently direct and specific link with nutritional supplements, clothing, footwear, as well as online retail store services of those goods and goods related to health and diet", and the mark therefore fell foul of Article 7(1)(c). [read post]
14 Jul 2011, 4:30 am
 The Case is C-46/10 Viking Gas A/S v Kosan Gas A/S, formerly BP Gas A/S, a reference for a preliminary ruling under from the Danish Højesteret [the IPKat interjects to add that, since the Danes are so good at speaking other languages, it is easy to forget that they speak Danish too: Højesteret is the Danish for 'Supreme Court' and is not, as Merpel mischievously tells people, a tasty dessert]. [read post]
14 Mar 2013, 5:41 am
Is it necessary to apply the judgment in Joined Cases C-414/99 to C-416/99 [Zino Davidoff and Levi Strauss v Tesco and others] generally to all cases where it is being assessed whether a trade mark proprietor agreed to conduct which may result in weakening or limitation of his exclusive rights? [read post]
1 Nov 2007, 3:06 am
  I simply can't overstate how fortunate we are today and how pleased I am that Conor has brought such good content to On the Mark. [read post]
13 Aug 2013, 4:12 am by John L. Welch
In re T& C Imports, Serial No. 85570200 (July 25, 2013) [not precedential].The goods are legally identical because applicant's "knitting yarns" encompass the goods of the cited registration. [read post]
2 Feb 2021, 7:00 am by Nedim Malovic
The CJEU therefore set aside the General Court’s judgment and referred the case back to it for a new assessment (Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO, C-766/18 P).The General Court’s decisionFirst of all, the General Court acknowledged that, where the earlier mark is an EU collective mark, the likelihood of confusion, pursuant to Articles 8(1)(b) and 75 – 82 of the EUTMR, has to be understood as… [read post]
15 Aug 2017, 3:03 am
" In re MPT, Inc., Serial No. 86316207 (August 9, 2017) [not precedential] (Opinion by Judge Cynthia C. [read post]
8 Dec 2020, 6:02 am by Nedim Malovic
The first and third questionsIn terms of assessing ‘genuine use’, the CJEU first noted that, according to Ansul BV v Ajax Brandbeveiliging BV (C–40/01), the fact that a mark is not used for goods newly available on the market but rather for goods that were sold in the past does not mean that its use is not genuine. [read post]
21 Nov 2014, 2:46 am
While the "essential function" of the trade mark in Europe is "to guarantee the identity of origin of the marked goods or services to the consumer or end user by enabling him, without any possibility of confusion, to distinguish the goods or services from others which have another origin" (Case C-206/01 Arsenal v Reed)the protection is given not to the consumer but to the trade mark owner as guarantor of the identity of… [read post]
8 Feb 2016, 2:48 am
Applicant argued that the mark as a whole "has no meaning," and that "the Board has approved marks that convey more about the respective goods or services than does Applicant's mark. [read post]
27 Feb 2019, 3:23 am
[C]onsumers will expect, upon encountering Applicant’s mark NUTELLA PETITS, that the term “petits” signifies that the goods are small in comparison to some larger version of themselves, or that they are packaged in small batches or portions. [read post]
24 Nov 2019, 11:30 pm
The Court agreed with the applicant that it would be absurd to assume that it intended to seek registration of an EU trade mark in respect of a category of goods which it then restricted by a broadly equivalent category of goods. [read post]
27 Oct 2019, 12:01 pm
In derogation from Article 7(1)(c), signs or indications which may serve, in trade, to designate the geographical origin of the goods or services may constitute Community collective marks within the meaning of paragraph 1. [read post]