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The opportunities offered by the People’s Republic of China

More and more French companies, decide to file their marks in China, allured by the opportunities offered by the People’s Republic of China. Filing a trademark in China is much easier than one could imagine. The recording procedure is certainly long, but relatively easy. China, for the fifth consecutive year, receives the greatest number of requests for trademarks in the … Read the rest


9th edition of the Nice Classification in force on January 1st, 2007

The new amendments of this new edition are based on the concern to reflect the evolution of our society in terms of new products and services (in light of some new Asian food products or sponsoring services) and homogenize the classification of already existing products and services.

The particular approach of this new edition is to classify products and services … Read the rest


Color shades

Despite the keys given by the European Court of Justice on May 6, 2003, most of the color shades applied for are, without specific circumstances, rejected for lack of distinctiveness or misrepresentation of the sign.

On April, 26, 2006, the Board of Appeal ruled that the orange shade of VEUVECLICQUOT did not have the distinctive character per se for … Read the rest


Color combinations

The Community decisions concur in requesting a “systematic and constant order and disposal of the colors combined” in the trademark representation. Difficulties arise when the owner’s practice commends to use various configurations.

The blue and orange colors mark of GULF OILINTERNATIONAL has been registered in last October for auto racing sponsorship and associated goods.

Our submissions as to the automobile … Read the rest


GCC vs./ KCC

On September 14, 2006, the Second Board of Appeal denied likely hood of confusion between the earlier mark GCC and the application KCC for goods in the electrical industry.

The Board took the view that the two marks were acronyms leading oneself to pay attention to each letter separately, so that the difference in one letter had been sufficient enough … Read the rest



On October 25, 2006, the European Court of First Instance went against the main Community case law on short marks.

The Court held that the letter “R” was not sufficient enough to differentiate visually these word marks which still had 3common letters.

Orally, they both bear a two-syllable structure with the same overall sound and without a radical impart … Read the rest





On September 7, 2006, the European Court of First Instance claimed the marks PAM-PIM’S BABY PROP and PAM-PAM to be similar.

The comparison was focused only on PAM-PAM and PAM-PIM’S because of

(i ) the introductory position of PAM-PIM’S and of

(ii) the presence of “baby” in many everyday language expressions for babies’ products.

Visually, these elements … Read the rest


Oh Christmas tree !!

On September 7, 2006, the European Court of First Instance admitted the likelihood of confusion between two figurative marks.

According to the Court, visually, the fir shape was the common dominant element of both marks which intellectually coincided in their ideas, the application being regarded as an amusing variant of the earlier trademark silhouette.

At first sight, this decision may … Read the rest


The double test for pharmaceutical trademarks




The “European MEdicines Agency”, “EMEA”,(for the Community) – and the “French Health Products Safety Agency “AFSSAPS” (for France) – ascertain that, in the application for trade authorization, proposed pharmaceutical trademarks are not confusingly similar to other existing trademarks and cannot generate confusion as to the quality or properties of the pharmaceuticals and thus create a public health … Read the rest


Clarifications on the impact of the Evin law on trademarks

The Evin law relative to the anti-smoking and anti-alcohol campaign was put into force in France in January 1991 and deals specifically with restrictions on communication and advertising for tobacco products and alcoholic beverages. According to the text, “any publicity or advertising in favor of a company, a service, apiece of goods, or an article being neither an alcoholic drink, Read the rest