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News Channel
Issue: October 2009
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CTM Watch at OHIM |
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A new electronic service, CTM Watch, has been launched on 01 October 2009.
This service is only available for MyPage users and forms an integral part
of the MyPage portal. As a central point for automated monitoring of trade
marks (Community trademarks or International Registrations) CTM Watch is a
personal alert service designed to monitor trade mark applications during
the examination process. Using the CTM Watch Settings Manager any CTM/IR and
its status can be selected for monitoring. The system will automatically
check CTM-ONLINE on a daily basis and alert the users by e-mail if the
chosen status has been reached.
For more information please consult
http://oami.europa.eu/ows/rw/news/item1103.en.do |
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OHIM's Manual of Trade Mark Practice: International Marks |
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OHIM´s "Manual of Trademark Practice" has been amended further to the
adoption of a number of amendments to the Common Regulations under the
Madrid Agreement and the Madrid Protocol. The changes are applicable as from
as from 1 September 2009 and are aimed at improving the accessibility of
information regarding the interim and final status of international
registrations. For more information, please consult the WIPO website at
http://www.wipo.int/madrid/en
What OHIM used to call the "First Statement of Grant of Protection" will be
now termed the "Interim Status of the Mark" and will be sent, including when
preceded by a provisional refusal on absolute grounds, provided the refusal
has been waived in the meanwhile and the opposition period is still running.
The "Second Statement of Grant of Protection" will become the only
"Statement of Grant of Protection" and will be sent in all cases where an
International Registration designating the EC has been finally been
accepted, whether totally or partially.
MARQUES
has been pushing for an increase of communication between WIPO and users
since 2005 and proactively supported the issue of Statements of Grant of
Protection for each successful designation in every meeting since then.
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Use of the Cooperation Fund |
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MARQUES
has cosigned a letter with the rest of Users' associations being observers
on OHIM's Administrative Board that refers to a list of projects which are
deemed to be funded under the Cooperation Fund. These projects include
ensuring adequate computerization of all EU NPTOs, which at the same time
include the following: complete seniority databases, development of common
IT systems, user accessibility to all trademark databases, options for easy
e-filing, online access and e-renewal, on-line databases showing full data,
pan-European harmonization of classification and harmonization of materials
for NPTOs to use in CTM related education. This letter aims to stress that
the allocation of the funds should be driven by optimal contributions to
users' priorities. The letter was sent to the President of OHIM and to the
Chairman of the Administrative Board.
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Designs Team |
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Member States Simplify International Design Registration System |
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Member states moved on September 24, 2009 to simplify the international
design registration system by suspending the earliest of the three Acts that
govern the Hague Agreement concerning the International Deposit of
Industrial Designs. This decision will streamline the administration of the
Treaty which offers the possibility to protect designs in several countries
by filing one single application (in one language with one set of fees in
one currency - Swiss francs). The Hague system also simplifies the
subsequent management of industrial design rights.
This decision will reduce the complexity of the system and will focus
greater attention on the 1999 Geneva Act which enhances the existing system
by making it more compatible with registration systems in countries where
protection of industrial designs is contingent on examination to determine
the acceptability of an application. The Geneva Act also introduces a
modified fee system, the possibility of deferring publication of a design
for up to 30 months and the ability to file samples of the design rather
than photographs or other graphic reproductions. The latter features are of
particular interest to the textile and fashion industries.
Finally, Spanish has been adopted as a proceeding language together with
English and French.
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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 the SNCF's Opposition in
which Denmark's highest appellate court affirms that "hotel services" are
similiar to "catering services" as well as SFR v ONE TEXTO in which the
trade mark TEXTO was held invalid in respect of services in Class 38.
Other cases include
Bambino Mio Ltd v Cazitex NV, Wella AG v OHIM and SA Louis Vuitton Malletier
v eBay Inc & eBay International.
[http://www.marques.org/Elink?ID=0075]. |
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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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