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News Channel
Issue: July 2009
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MARQUES expresses its concern over eBay's
recent petition to amend the EU vertical restraints regulation |
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eBay has launched a petition against what it claims is a demand to end with
unfair trade practices from brand owners. The online auction site considers
that brands are unlawfully trying to block the sale of their products on
online marketplaces, and thus it calls for a public petition to remove
alleged EU trade barriers.
MARQUES
immediately reacted against this petition. The Association considers
that eBay's campaign is addressed to undermine the legitimate fight against
the sale of counterfeit goods. But not only this, eBay is clearly opposing
the lawful practice of selective distribution. One of the most worrying
aspects of eBay's campaign is that it might confuse not only consumers but
also EU policymakers. Guido Baumgartner, Chair of
MARQUES
has already expressed
MARQUES´
concerns over eBay's controversial campaign in a recent interview published
by World Trademark Review.
MARQUES
is committed to defend right holders' interests before EU lawmakers, and
thus it will take the proper steps to ensure that right holders' views are
duly considered. |
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Review of the trade mark systems in Europe |
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The European Commission is to start a deep study of the trade mark systems
in Europe. The aim is to evaluate the overall functioning of the Community
and national trademark systems. The study will analyse the impact of the
trade mark systems in the EU on stakeholders and could form a basis for
future review of the CTM system and enhanced cooperation between OHIM and
national offices.
Tove Graulund and the
MARQUES
Trademark Law and Practice Team are closely following this and taking a
leading contribution.
MARQUES
has recently sent a letter to DG Internal Market with regard to the review (click
here to download the letter). This letter welcomes the review of
the legal framework but claims also for the study of key topics, such as the
interaction of the Madrid system with the CTM and national trademark
systems; harmonisation of practices; removal of unnecessary bureaucracy;
transparency of the finances and financing of national offices.
MARQUES
insisted that the study should focus on how to improve procedures and costs. |
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MARQUES submits
its comments before OHIM with regards to the initiation Note on the
Cooperation Fund |
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In its capacity of observer before OHIM's Administrative Board,
MARQUES,
represented by Tove Graulund, was invited to submit comments to OHIM's
Initiation Note on the establishment and operation of the Cooperation Fund.
On 10 July,
MARQUES
sent a position paper with feedback to the Note. The other signatory
organisations were AIM, Businesseurope, ECTA and INTA. The paper welcomes
the Note's statement that the ultimate aim behind the establishment of the
Cooperation Fund should be to contribute to the optimisation of the
functioning of trade mark systems across the EU, modernising further
trademark registration procedures and technology and eliminating unnecessary
differences in practice which affect users. Signatories of the paper
stressed the need of rigorous financial controls and transparency.
For further information you can
download a copy of the
paper here. |
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Brand Protection in Germany further improved |
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Reported by Kay Uwe Jonas
JONAS Rechtsanwaltsgesellschaft mbH |
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On 28 May 2009, the German Trademark Act has been amended, improving the
position of the owners of legally protected designations. The amendment of
the German Trademark Act will become effective in late summer.
Oppositions filed with the German Patent and Trademark Office can under the
revised statutes also be based on company names, work titles and
non-registered trademarks. Currently, only registered national or Community
trademarks, well-known trademarks (in the meaning of Article 6bis of the
Paris Convention) as well as registrations in the name of an agent or
representative of the owner (in the meaning of Article 6septies of the Paris
Convention) may serve as a basis of an opposition.
Additionally, an opposition does no longer have to be based on a likelihood
of confusion of the newly registered and the earlier trademark. Instead, the
owner of a trademark, company name or work title may also claim that the new
trademark takes unfair advantage of or is detrimental to the reputation of
the earlier designation.
The implementation of these changes by the German PTO is expected with
interest. In the past, oral hearings with respect to facts and evidence did
not take place. In future opposition proceedings based on non registered
rights, the proof of their use and reputation will be required.
In addition to filing an opposition, owners may still claim their earlier
rights in a designation by filing a lawsuit or seeking preliminary relief to
enforce their rights in an effective and prompt manner.
Only in September 2008, the rights of trademark owners had been strengthened
through the implementation of the Enforcement Directive 2004/48/EG. The new
introduced Article 18 Section 2 German Trademark Act provides the
possibility to recall or remove from the trade products infringing a
trademark, a work title or a company name. According to Article 19c German
Trademark Act, the trademark owner can now also request the infringer to
publish the recall in a nation wide newspaper which might be cost-intensive
and have an negative impact on the infringer’s reputation. |
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Details of all
MARQUES events and conferences are
published on the MARQUES website at
http://www.marques.org/conferences |
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Brighton2009
15-18 September 2009 |
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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]
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Geographical Indications Team |
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ECJ Decision C-343-07 - Bavaria vs. Bayerisches Bier PGI |
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On a judgment, dated 2 July 2009, on the coexistence of a trade mark
(BAVARIA) and a PGI (BAYERISCHES BIER) in Case C-343/07, the Fourth Chamber
of the ECJ declared, among other things, that Regulation No 1347/2001 must
be interpreted as having no adverse effects on the validity and the
possibility of using, in one of the situations referred to in Article 13 of
Regulation No 2081/92, pre-existing trade marks of third parties in which
the word 'Bavaria' appears and which were registered in good faith before
the date on which the application for registration of the PGI 'Bayerisches
Bier' was lodged, provided that those marks are not affected by the grounds
for invalidity or revocation as provided for by Article 3(1)(c) and (g) and
Article 12(2)(b) of First Directive 89/104.
For more information visit the Geographical Indications Team pages:
[http://www.marques.org/Elink?ID=0070]
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New Cases Available |
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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 Mars v OHIM over the
cancellation of the registration of the shape of its 'Bounty' chocolate bar as
well as L’Oréal SA, Lancôme parfums et beauté & Cie and Laboratoire Garnier
& Cie v Bellure NV, Malaika Investments Ltd and Starion International Ltd on
whether the use of well-known trade marks by manufactures of perfume which
imitated the famous products was an infringement through 'free-riding'.
Other cases include Zino Davidoff SA v Budesfinanzdirektion Sudost, Calvin
Klein Trademark Trust v OHIM, Beauté Prestige International, Sao Paulo
Alpargatas SA v Secret Spot SL and Imagination Technologies Ltd v OHIM.
[http://www.marques.org/Elink?ID=0069]. |
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MARQUES,
840 Melton Road, Thurmaston, Leicester, LE4 8BN, United Kingdom
Tel: +44
116 264 0080, Fax: +44 116 264 0141, Email: info@marques.org, URL: http://www.marques.org
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