A propos de Jean-Philippe BRESSON

Posté par Jean-Philippe BRESSON:

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Community design and individual character

The General Court of the European Community (formerly First Instance European Court) has confirmed on June 22, 2010, the invalidity of Community Registered design No. 241/903-0001, shown below and intended to be applied to ‘communications equipment’ Bosch Security System BV filed a declaration of invalidity against this design for lack of novelty and of individual…

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Amazing enlargement of pharmaceuticals similarity

While holding the marks AZURIL and AZULIB to be similar, the decision of opposition of the OHIM dated June 7, 2010, shows the enlargement of the similarity (and even of the identity) of pharmaceuticals with the other products of class 5. The OHIM said ‘fungicides’ to be identical to ‘pharmaceutical preparations’ because fungicides comprise antimycotics…

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The distinctiveness of VISIOTONIC

Just published is a decision of the Court of Appeal of Paris dated March 19, 2010, which considered that the mark VISIOTONIC shown below was distinctive for products of classes 5 and 10 and in particular for ‘pharmaceutical, veterinary and hygienic products; dietetic substances for medical use; chirurgical apparatus and instruments; artificial members, eyes and…

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Interesting findings in yesterday’s General Court decision

In The General Court has raised three interesting aspects in its decision of yesterday (case T-487/08) which dealt with the opposition involving the CTM application for KREMEZIN and the earlier WIPO trademark KRENOSIN. The earlier mark covered ‘pharmaceutical, veterinary and sanitary product’ in class 5 and was under use obligation. When replying to the request…

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Comparison of trademarks: FEMAGRO & device vs./ FEMARA

OHIM upheld the contested CTM application for FEMAGRO (displayed below) and the earlier opposed Community word mark FEMARA to be confusingly similar. The contested application particularly covered “pharmaceutical products for female sexual dysfunction”. Use of FEMARA (submitted to use obligation) was evidenced in respect pharmaceutical against breast cancer… The OHIM considered that although “FEM-” alluded…

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Reputation of BOTOX

The Opposition Division of the OHIM issued on May 12, 2010 a decision involving amongst other the CTM registration No. 1999481 for BOTOX which was opposed against the BOTOXINA complex sign below. The OHMI was convinced by the evidences filed (witness statement, annual reports, press clips, Courts decisions, extracts from dictionaries inter alia) that BOTOX…

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