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Publications - News Channel
Below is a copy of the June 2009 - News Channel which was distributed via email to MARQUES members.   Click here to return to the News-Channel archives.



News Channel
Issue: June 2009

  OHIM Adminstrative Board  
  MARQUES took part in the last meeting of OHIM’s Administrative Board as an observer. The Association was represented by Tove Graulund, who together with representatives of INTA, BUSINESSEUROPE, ECTA and AIM has been invited to attend non-confidential parts of these meetings for a period of two years. The agenda of the meeting of 4-6 May included an overview of OHIM’s activities, e-Business projects and relations with users, including a report on the 2008 User Satisfaction Survey.  OHIM has also provided users with a brief report on that meeting, which can be download at:

Change in the dates of publication of the Spanish Industrial Property Official Gazette (BOPI)

  Since 4 May 2009 the Spanish Industrial Property Official Gazette (Boletín Oficial de la Propiedad Industrial, abbreviated as BOPI) has started being published everyday (except for Saturdays, Sundays, national and local (Madrid) holidays. This is a major change as since the BOPI was created 123 years ago, it had been published every 1st and 16th of each month.

As the publication in the BOPI of certain adverts (applications, official actions, SPTO decisions, etc.) opened the time periods for filing oppositions, replies to official actions, administrative and contentious-administrative appeals, etc., and this time periods are usually counted in months, this implied that the terms for carrying out said actions ended always on the 1st or 16th of a month (unless said day was not a working day).

The change means that now, similarly to what happens with OHIM deadlines, the deadlines to act before the SPTO or the Spanish contentious-administrative appeals can end on any day of the month.

This also has required most Spanish traditional Patent and Trademark agencies to adapt their systems and controls to the new situation.
  Details of all MARQUES events and conferences are published on the MARQUES website at http://www.marques.org/conferences  
17 June 2009
  Customs Seminar
More Bang for your Buck

MARQUES is holding a one day seminar which will focus on current changes in laws and practices in various jurisdictions as well as show practical examples of the progress achieved.

For further details and online registration visit [http://www.marques.org/Elink?ID=0062]

15-18 September 2009
  Sustainable Brands
A Luxury or a Necessity?

The 23rd MARQUES Annual Conference will be held in Brighton, U K from Tuesday 15th to Friday 18th September 2009 and will look at the importance of aligning brands with long term sustainable business policies.   Topics will include working with charities and environmental brands, environmental issues, transport, people & HR policies as well as food and health claims.

For Full details and online registration visit [http://www.marques.org/Elink?ID=0063]


Anti-Counterfeiting & Parallel Trade Team

  Working with Customs  
  The ACPT team organised the Winter Meeting workshop on Thursday 19 February: "Working With Customs".  17 Members of MARQUES attended and John Anderson of ACPT team facilitated the discussion.  Joachim Hoffman, Izik Ozdogan and Antonina Pakharenko-Anderson of ACPT were also present and made important contributions to the discussions.

John Anderson introduced the topic with some international and strategic issues including the workings and possible revisions of the EU Regulation. Non-EU participants from USA, Canada, Israel, Russia, Ukraine, Turkey, and especially China made significant contributions.  The EU state participants from Germany, UK, Austria, Hungary, and Denmark also made further contributions from national levels.  It was agreed to go ahead with the full day seminar on this topic and the team has opted to hold the seminar on 17 June in Amsterdam.

The full programme and online registration for this seminar can be found at:

  Cyberspace Team  

Latest Developments with Google and AdWords


GOOGLE has recently announced two new policies that will affect all MARQUES members. First, as of June 4, Google will no longer take down adwords that do not appear in the text of the sponsored link. Currently Google's policy, which is obviously based on the different results in cases on this issue in various jurisdictions, is that for trademarks from the US, the UK and Canada, the trademark must appear in the text of the ad that appears with the sponsored link, for the rest of the world, Google will also take down a link simply if the advertiser has purchased a trademark as an adword even if the trademark never appears in the text above the sponsored link.

As of June 4, Google will no longer differentiate and will only remove adwords that display the trademark in the text.

Google has also announced that as of June 15, it will, at least in the United States, (Google considers .com a US-based domain, apparently) allow the use of third-party trademark as adwords where the trademark is displayed in the text above the sponsored link under the following circumstances:

Google states "We permit a trademarked term to be used in the ad text of ads that appear to be submitted by resellers; informational sites; the makers or resellers of components or parts for the goods and services related to the trademark term; or compatible components or parts for the goods and services related to the trademark term. The product or services from resellers must be on the ad's landing page and must be clearly available for purchase."

  Founders of Pirate Bay have convicted of copyright infringement  
  As reported in the last month news-channel the Founders of Pirate Bay have convicted of copyright infringement.  An english translation of the decision of 17 April 2009 of the Stockholm City Court can now be downloaded by clicking on the link below:
  New Cases Available  

MARQUES is pleased to inform its members that this months selection of cases, drawn from pan-European and national tribunals, has been added to the Case Database.   This months cases include Interflora v Marks & Spence after Marks & Spencer purchased the term 'Interflora' on Googles Adwords as well as L'Oréal S.A v eBay International and others after a number of products including testers, counterfeits and products only for sale in the US and Canada had been listed for sale with copyright protected images and text.  Other cases include Palmolive Classico, Armafoam, Nomafoam, Nutripharm and Pharmacheck.  [http://www.marques.org/Elink?ID=0067].


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