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Class 46 - for your European trade mark news
 

Now in its sixth year, Class 46  is dedicated to European trade mark law and practice.  This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
 
  FRIDAY, 30 MAY 2008
ECJ and CFI action next week

This coming Tuesday, 3 June the Court of Justice of the European Communities gives judgment in Case C-507/07 Commission v France (failure to communicate the list, provided for in Article 80(2) of Regulation 6/2002, of Community design courts, indicating their names and their territorial jurisdiction).

Then on Thursday, 5 June the court hears the arguments in Case C-301/07 PAGO International ( interpretation of Article 9(1)(c) of Council Regulation 40/94 on the Community trade mark: rghts of the proprietor of a trade mark having a reputation in the Community - trade mark having a reputation only in one Member State - protection of the trade mark in the whole of the Community or only in one Member State?)

Later that day the court gives judgment in Case C-395/07 Commission v Germany (failure to adopt the measures necessary to comply with Directive 2004/48 on the enforcement of intellectual property rights).

The Court of First Instance will also be busy with IP issues.

On Tuesday 3 June the CFI hears the submissions in Case T-372/06 Bomba Energia Getränkevertriebs v OHIM - Eckes-Granini (Bomba) -- the CTM applicant for BOMBA is appealing against the successful opposition by the owner of earlier national rights to LA BAMBA. The CFI then goes on to hear submissions is Case T-325/07 Caisse Fédérale du Crédit Mutuel Centre Est Europe v OHIM (SURFCARD) , on an application to annul the Board of Appeal's partial refusal of an application to register the word mark SURFCARD for goods and services in classes 9, 36 and 38.

On Wednesday 4 June the CFI hears arguments in Case T-161/07 Group Lottuss v OHIM - Ugly (COYOTE UGLY) . These proceedings involve a dispute between the owners of the word and figurative marks for COYOTE UGLY.

Then, on Thursday 5 June, the CFI hears Case T-101/07 Dada v OHIM - Dada (DADA), where the applicant for a figurative mark DADA consisting of the word DADA with a design of intertwined concentric ellipses with an empty circle defined at the centre of them for services in Class 42 is challenging a decision of the First Board of Appeal which dismissed its appeal against the Opposition Division's partial refusal of its application.

Later that morning, the CFI hears argument in Case T-297/07 TridonicAtco v OHIM (Intelligent Voltage Guard). This is an appeal against the repeated refusal of OHIM to register the figurative mark 'Intelligent Voltage Guard', for products in Classes 9 and 11

Finally, on Friday 6 June there's a hearing in Case T-136/07 Colgate-Palmolive v OHIM- CMS Hasche Sigle (VISIBLE WHITE) . This is a keenly-fought contest between Colgate-Palmolive, the proprietor of the Community word mark VISIBLE WHITE for goods in class 3, and CMS Hasche Sigle, the applicant for cancellation.

Posted by: Jeremy Phillips @ 14.57 
Tags: forthcoming appeals,

 

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The Class 46 archive


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     + December (66)
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ECJ and CFI action next week
Swiss consumers can't be expected to know much about mallows
Commission names HARVERI in health and safety opinion
Freitag: bags with a message!
DPMA: Annual Report 2007 now available
Poland: E-filing for trade marks applications
When eight years' inactivity by TM owner may be disregarded
Poland: Primus Inter Pares
The cost of victory ... nearly
UK: 'Consumer Protection from Unfair Trading Regulations 2008' now in force
Spain: Alberto Casado named Director of the OEPM
InBev mulls BUD bid
Some ECTA publications
Latest Court of First Instance decisions
Friday fun
Spain – MARQUES organizes the “First Meeting with the Spanish Judges of the Community Trade Mark Courts”.
ICANN formalises relationship with ccTLD Manager for Iceland
ECJ (finally) queried on trade marks use and sponsored links
Latest Alicante News now published
The IPKAT's "Knut Kompetition"
Microsoft demands verb "msn-ing" to be erased from Dutch dictionary
Brands Out of the Box
Finland: Trade Mark Statistics
OHIM: 3rd annual User Satisfaction Survey - full report now available
Germany: "StudiVZ" versus "MatheVZ"
"Gay friendly" brands
EU Statistics on customs seizures of counterfeit goods
Brand promotion in 'Iron Man'
Finland: "List of Trade marks with a Reputation"
UKIPO: Re-design of TM7 form
Louis Vuitton sues Danish artist over trade mark infringing t-shirt
Portugal: 30% increase in trade mark applications
UKIPO: New National Offices website for INTA
ICC IP tool-kit for chambers of commerce
Latest ACG Newsletter and eBay
UKIPO: "Image Guidelines" for TM3 e-filing
Green around the gills, but oysters are fattened up for PGI status
Poland: one beer for Euro 2012
DPMA's stand at INTA next week
WIPO nominates candidate for new Director General
"Agricultural" salt, and cotton, now fit for GI protection
Portugal: Online searches available in English at INPI Portal
Olympic poems in Finland
"The UK’s most valuable retail brands 2007"
IPO to open in Montenegro: will it be this month?
DPMA: opposition against international trade marks designating the European Community
EFTA Court asked to rule on international exhaustion
Poland: No risk of confusion between Chanel and Chantal
Yesterday in Luxembourg
Radicchio di Verona PGI application
OHIM: Overview of Boards of Appeal decisions of 2007
Spain - Cybersquatting, freedom of expression and drought.
Aceite de La Alcarria to be a PDO
Million .pl domains
MSNLOCK locked by MSN
Reverie and Revert "similar", says the CFI
Gorgonzola applies to modify PDO spec
European Commission conference on counterfeiting and piracy
Two announcements
Forthcoming ruling
Sunrise over Montenegro
OHIM: Service Charter for 2008 and "delays in public inspection requests"
Poland: still problems with OSCYPEK
Bundesgerichtshof: Trade mark infringement and Internet auction platforms
Token use may not be evidence of genuine use, rules CFI
Lesbians go to court to prevent use of the word "lesbian"
Spain – Court injunction blocks access to a fakes’ trading website.
Croatian trade mark application certificates
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