A fraud is achieved when a trademark is acquired without intent to use it but only to oppose it to a competitor. The finding of a fraud is much more complicated when the aim of the trademark assignment occurs in a counterfeiting context.
Lire la suitePar Ladan DIRICKX
PARTAGER
Watch On : DADVSI code
DADVSI partially censored but finally enacted ! After its examination by the French Senate and the National Assembly, a few Parliament members referred the law to the French Constitutional Council. During July, the Council censored 3 points of the law: -The notion of interoperability was unclear and then, could not constitute a case…
Lire la suitePar Elisabeth BURST
PARTAGER
Clarifications on French language requirements for trademarks
The Toubon law relating to the use of French language applies in France since August 4, 1994. As Trademarks fall under specific provisions of this law, we deem important to explain the extent of the measure to apply so as to avoid any practical excess and fear of our foreign readers on the subject.
Lire la suitePar Céline PREUIL
PARTAGER
Overview of the origin of CTM applicants since 10 years On June 30, 2006
On June 30, 37.082 Community trademark applications were numbered for 2006. Germany has the leading position as to the country of origin with 6.141 applications. The United States and The United Kingdom are just behind. France holds the sixth position and Japan the ninth position. The 25th position (the last one) is for China….
Lire la suiteSimilarity between stationary and clothing
On February 24, 2006, the Paris Court of Appeal considered that clothing should be regarded as similar with school supplies (stationary). For the Judge, whereas the nature, function and distribution networks of these products are not identical, the consumer will consider that they have the same origin because of the tendency of some clothing companies to…
Lire la suiteDissimilarity between women bags and women shoes
On July 18, 2006, the ECJ confirmed the Court of First Instance and upheld that women bags and women shoes have a different purpose. As shoes are used to dress feet whereas bags are only used to carry objects, these goods are not interchangeable and not in competition. For the Court, the search…
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The lego brick partially cancelled
On July 10, 2006, the Board of Appeals ruled an invalidation claim against the lego brick Community trademark and decided it was not registrable for « construction toys» in Class 28. The Board first considered that each element of the brick was necessary to obtain a technical result in light of several UK…
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Cremilk vs./ Milkcrem
On July 14, 2006, the OHIM upheld that the two marks above were similar despite of the reverse order and of the additional M-letter in MILKCREM. For the Examiner, the signs visually have the same word elements, phonetically are identical if inverted and are intellectually linked whereas of limited distinctiveness. The decision is not so surprising…
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SPAM lacks distinctiveness for computer and communication services
On July 19, 2006, the OHIM Board of Appeals confirmed the Examiner rejection of the word mark SPAM in classes 36, 38 and 42 for lack of distinctiveness. For individuals familiar with the use of computers and interested in networking and electronic communications, SPAM would unambiguously indicate services that are intended to guarantee spam free…
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Cookies is distinctive for chocolate products
On July 11, 2006, the OHIM ruled that a risk of confusion could possibly occur between the marks INTERCOOKIES and COOKIES& covering respectively in Class 30 bread, pastry and confectionery and cocoa drinking, bread, chocolate.
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