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15 Feb 2010, 7:02 am
While the visible portion of the fragment is quite plain, the text on the underside is marked by two colored initials. [read post]
21 Dec 2023, 9:00 am
The Court of Appeal also noted that the decision in Ghibli was in fact applied by the EU General Court in Marchi Italiani (Case T-133/09), and a later appeal against the General Court's decision was quashed by the EU Court of Justice (Case C-381/12), which reiterated the four conditions above, but found that "the relevant date for the purpose of calculating the starting point of the period limitation by acquiescence is that on which the proprietor of the earlier… [read post]
Landmark Polish Supreme Court ruling on EU trade mark: acquiescence vs national rules of limitation?
1 Jul 2021, 8:44 am
In any event, the relevant date from which the period of limitation in consequence of acquiescence starts running is when the proprietor becomes aware of the use and registration of that trade mark (Art. 9 Directive 2015/2436, Art. 61 of Regulation 2017/1001; see also the judgment of the GC of 28.06.2012, Marchi Italiani Srl and Antonio Basile / OHIM – Osra SA, T-133/09, para. 33). [read post]
24 Nov 2019, 6:52 am
In addition, the shapes of the other figurative elements are not similar.In light of the weak distinctive character of the human figures in each of the marks at issue, the GC took the view that those marks would not be visually similar.The Court did however consider the marks conceptually similar to an average degree, since both marks are likely to evoke the notion of goods which are beneficial to health and/or strength.The distinctive character of the earlier… [read post]
Landmark Polish Supreme Court ruling on EU trade mark: acquiescence vs national rules of limitation?
1 Jul 2021, 8:44 am
In any event, the relevant date from which the period of limitation in consequence of acquiescence starts running is when the proprietor becomes aware of the use and registration of that trade mark (Art. 9 Directive 2015/2436, Art. 61 of Regulation 2017/1001; see also the judgment of the GC of 28.06.2012, Marchi Italiani Srl and Antonio Basile / OHIM – Osra SA, T-133/09, para. 33). [read post]
22 Mar 2017, 4:35 am
Roman Holiday VespaItalian online IP resource Marchi & Brevetti has just reported a very interesting and recent decision of the Criminal Section of the Italian Supreme Court (Corte di Cassazione) regarding the crime of counterfeiting within Article 474 of the Italian Criminal Code.More specifically, it its judgment on 17 March 2017 (sentenza No 13078/2017) the Fifth Section of the Supreme Court addressed the question whether the mere reproduction of the image of a Vespa [a… [read post]
4 Apr 2017, 1:55 am
”)Welcome clarification on the Malaysian law of well-known marks; but there is still judicial work to be doneThe law of well-known marks continues to develop apace in various countries in Asia – Kat Neil Wilkof invites his friend NG Kim Poh to offer a summary of an important decision in Malaysia on this dynamic topic (in Y-Teq Auto Parts (M) Sdn Bhd v X1R Global Holdings & Anor (CACA NO. [read post]
29 Mar 2007, 5:38 am
Say the Italians: "Sponsored by OHIM and CSM (Consiglio Superiore della Magistratura: the Superior Judicial Council), in collaboration with UIBM (Ufficio Italiano Marchi e Brevetti - the Italian Trade Mark and Patent Office), the judges of the Italians Community's Courts met in Venice on 21-22 March 2007 to discuss Community Trade Marks and Designs.In spite of some communication and logistic problems in planning the seminar, the venue raised great interest on the… [read post]
16 Oct 2016, 6:57 am
As reported by very interesting online resource Marchi & Brevetti, according the Tribunale di Roma (Rome Court of First Instance) the answer is ... [read post]
