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

 

    

News Channel
Issue: October 2009

 
   
   
  CTM Watch at OHIM  
  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
 
 
 
  OHIM's Manual of Trade Mark Practice: International Marks  
 

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.

 
 
 
  Use of the Cooperation Fund  
 

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.

 
 
 
   
 

Designs Team

 
  Member States Simplify International Design Registration System  
  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.

 
 
 
  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 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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