Issue 058
  October 2015
Contents:
 

Video interview: MARQUES Chair Uwe Over

>  
 

MARQUES takes part in 7th China Trademark Festival

>  
 

Interview: Lewis Gaze Memorial Scholarship winner

>  
 

Design Liaison Meeting at OHIM

>  
 

Reform of the EU trade mark system

>  
 

Madrid System: latest news

>  
 

Extending GI protection to non-agricultural products

>  
 

WIPO hosts Hague Seminar

>  
 

Sign up now for judges meetings in the Netherlands and Germany!

>  
 

MARQUES Media Roundup

>  
 
Disclaimer:
The views expressed by contributors to this newsletter are their own and do not necessarily reflect the policy and/or opinions of MARQUES and/or its membership.  Information is published only as a guide and not as a comprehensive authority on any of the subjects covered.  While every effort has been made to ensure the information given is accurate and not misleading neither MARQUES nor the contributors can accept any responsibility for any loss or liability perceived to have arisen from the use or application of any such information or for errors and omissions.  Readers are strongly advised to follow up articles of interest with quoted sources and specialist advisors.
 

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Video interview: MARQUES Chair Uwe Over

 

 

During the MARQUES Annual Conference in Vienna, Managing IP's James Nurton conducted a wide-ranging interview with Uwe Over of Henkel, who became MARQUES Chair earlier this year

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MARQUES takes part in 7th China Trademark Festival

 

Sebastien Vitali of Wyeth Nutrition, a member of the MARQUES China Team, gave a presentation at the 7th China Trademark Festival in Haikou last month

Read More >>
Interview: Lewis Gaze Memorial Scholarship winner

 

Konstantin Hobel won this year's Lewis Gaze Memorial Scholarship for his paper on keyword advertising and trade marks in the EU

Read More >>

Design Liaison Meeting at OHIM

 

Reform of the EU trade mark system

 

 

 

 

 


David Stone and Sebastian Fischoeder of the MARQUES Designs Team attended the recent Designs Liaison Meeting hosted by OHIM in Alicante

 

 

Expected changes to OHIM practice as a result of the planned reforms to the Directive and Regulation were discussed at the 14th Liaison Meeting on Trade Marks, which was attended by Robert Guthrie and Alessandra Romeo

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Madrid System: latest news

Recent developments in the Madrid System include changes following the accession of Algeria, an upcoming seminar and a meeting of the Madrid Working Group

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Extending GI protection to non-agricultural products

 

Miguel Angel Medina, of the MARQUES GI Team, discusses the recent developments regarding the possible extension of geographical indication protection to non-agricultural products in the EU

Read More >>

WIPO hosts Hague Seminar

 

Sign up now for judges meetings in the Netherlands and Germany!

In this landmark year for the Hague System, WIPO is hosting a seminar on practical approaches in Geneva on 19th November

 

The next Judges Meetings take place in The Hague (11th November) and Munich (20th November)

Read More >>   Read More >>
MARQUES Media Roundup

 

 

Find out the latest MARQUES news and information on the Class 46 and Class 99 blogs, and on Facebook, LinkedIn and Twitter. Here's a selection of what's been happening in the past month


Class 46

Competitors wake up and smell the Colombian coffee

Federaci?n Nacional de Cafeteros de Colombia victorious as EU General Court annuls OHIM's decisions to reject its opposition and cancellation actions against competitors' marks for products that were NOT of the same type.

Last month, the General Court of the European Union ruled in favour of the Colombian Coffee Growers Federation in its legal battles against both a French and a Lebanese competitor, holding that the OHIM Board of Appeal erred in applying, in conjunction with Article 8(4) of the CTMR,  Article 14(1) instead of Article 13 of the PDO/PGI Regulation - the latter granting a much wider protection to prior PDOs/PGIs against later conflicting trademarks than Article 14(1).

Read more: http://www.marques.org/class46/Default.asp?XID=BHA4217

Poland moves to opposition proceedings in trade mark cases

There are plenty of recent amendments to the Polish Industrial Property Law (IPL), however, one is of the great importance. As of 15 April 2016, the system of opposition proceedings before the Polish Patent Office (PPO) will come into force.

The current procedure requires the PPO to perform a full examination (ex officio) of the applied mark for absolute and relative grounds of refusal. Accordingly, the PPO has to examine collisions between the mark applied for and the earlier marks, which in consequence protracts the procedure. For a long time the system was widely criticized as ineffective comparing to the CTM one.

Read more: http://www.marques.org/class46/Default.asp?XID=BHA4216

Class 99

Danish court rules compatibility illustration infringes design right

A recent note on International Law Office by Mads Marstrand-J?rgensen (Njord Law Firm) explains the ruling in a Danish design case, Sangenic International Limited v Lamico ApS (A-11-15, September 10 2015).

In this action the Maritime and Commercial Court -- which hears a considerable number of civil suits for intellectual property infringement annually -- had to consider whether the reproduction of a registered design infringed the design right. Sangenic was the registered proprietor of a registered Community design for a waste bin for nappies, for which Lamico manufactured refill bags which could be accommodated both by Sangenic's waste bin and the bins of others. To illustrate that Lamico's refill bags would fit Sangenic's bins, Lamico included a small drawing of Sangenic's bin on its labels.

Read more: http://www.marques.org/class99/Default.asp?XID=BHA695

Tic-tac vs. Miki-Maki

OHIM strongly supports the standpoint that even a weak distinctiveness of an earlier three-dimensional trademark, when dealing with a great similarity to a later design and very close similarity between the goods may create a risk of confusion.

In the case to which the decision of the Board of Appeal of 8 September 2015 (Case R 1150/2012-3) referred, a confusing similarity between the Community Registered Design No 826680-0001 and a French trademark IR- 405177 was found. Indeed, there is not much controversy on the similarity between the goods as the design evidently includes candies whereas the trademark is destined for such goods too.

Read more: http://www.marques.org/class99/Default.asp?XID=BHA693

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