Our sound Community mark No.004901658 filed in an MP3 format has passed through the OHIM examination stage successfully and has now been published. The sign can be heard on the OHIM web site database. To our knowledge, this is the first mark in an MP3 format to be accepted by the OHIM under the new…
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FUGU vs./ FUBU
vs./ FUBU On September 14, 2006, the Second Board of Appeal maintained that a difference of one letter in short signs was sufficient enough to avoid confusion between the marks above. Besides, the configuration of the mark FUGU enabled to move away from FUBU due to a device twice as big as the text and…
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Spotlight on the public
On 17 October 2006, in the CALSYN vs/ GALZIN case, the European Court of First Instance (ECFI) confirmed that when assessing the risk of confusion between two pharmaceuticals trademarks the relevant public was composed of medical professionals and patients. Though the level of public attention is high, the very high similarity between the signs and…
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10 years of OHIM practice…and still differences ( Act II)
In the continuation of our previous interview, we have now asked our colleagues Marie-Louise Soderberg (Denmark), Lidia Lanza (Italy) and Marques Ribeiro (Portugal) to give us a few hints about the differences between the OHIM practice and their national one.
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THE RELEVANT PUBLIC FOR PHARMACEUTICAL TRADEMARKS : PROFESSIONAL OR MEDICINE CHEST?
The European Court of First Instance ruled on September 22, 2005, in TRIVASTAN vs./ TRAVATAN, that both professionals and end-consumers were the relevant public of pharmaceutical trademarks since medicine is delivered by professionals and then, a choice is made by the end-user in front of the medicine chest.
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Privileged basis for an international trademark Elements …
Elements to consider: – An international trademark can be based either on a national or a Community trademark with the further condition to have an industrial or commercial establishment in the application territory. – The national or Community trademark will be bound for 5 years with the international trademark. – A priority right can additionally…
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Marcorossi vs./ Sergio Rossi
On July 12, 2006, the European Court of First Instance ruled that there was no likelihood of confusion between the two marks above. For the Court, the unusual merger of Marco and Rossi in a single word, without any blank, visually and intellectually brought to a whole without being divided. The distinction between Marco and…
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Developping an activity in China has to face the question of the translation
Any company wishing to develop an activity in China has to face the question of the translation of its mark in Chinese characters. The vast majority of large international marks translated their names, in order to render their approach to the Chinese market easier. Two solutions arise. The first consists in using Chinese characters that…
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Pharmaceuticals and generics: when the trademark line is crossed
Could G. Gam announce in specialized magazines the oncoming commercialization of the Paroxetine G. Gam as the Deroxat generic? No, said the Paris Court of Appeals on May 3rd, 2006: such an announcement constitutes an infringement of Beecham’s trademark rights.
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SLIMMING WORLD gives indications on products and services purpose
On August 7, 2006, the OHIM Board of Appeals retained that SLIMMING WORLD would clearly and immediately be understood by the relevant consumers as a generic indication informing the consumer that the services and products in question are concerned with making or becoming slim. The link between the sign and the products and services was…
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