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  Christian Louboutin: there is no business like (fake) shoe business...      Butter: not that unique...      Pigs and protection: Old Spots get the TSG treatment...      Poland: observations, oppositions, invalidations - who's the party?...      A brief update on Paul ...      German Federal Patent Court: ALLFAcolor v ALPHA...      Spain reduces penal sanctions in the hope of more condemnatory orders...      Finland: Conflict between trademark and name of a rock band...      Spain - Fighting the pirates. Year 2009 in numbers....      Buffalo by-product goes all the 'whey' to protection...     
 
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Class 46 - for your European trade mark news
 

Now in its third year, Class 46  is dedicated to European trade mark law and practice.  This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
 
  MONDAY, 1 MARCH 2010
T - just T: Deutsche Telekom to abandon some of its "old brands" on German market

German news site n-tv.de today reports that German telecommunications giant Deutsche Telekom will abandon some of its "old" brands such as T-Mobile and T-Home and will market its services under the mark "T".

This change appears to only affect the German market and will be effective as of 1 April 2010.  The announcement was made ahead of the Cebit trade fair by Niek Jan van Damme, head of Deutsche Telekom Germany. 

Posted by: Birgit Clark @ 17.11 
Tags: germany, brands,

 

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  MONDAY, 1 MARCH 2010
New OHIM Online Poll: help OHIM to improve its service

This Class46 member likes trade mark polls, well some of them.  One I have just completed is this one: OHIM's Online Poll: What are OHIM's vital statistics?  What is it all about?  OHIM would like to improve its service and needs one minute of your time to complete its new online poll - surely that is not asking too much....

Click here to go to OHIM's website and take part. 

PS: It took me exactly 1 min 20 seconds to complete the poll. 

Posted by: Birgit Clark @ 17.05 
Tags:

 

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  MONDAY, 1 MARCH 2010
The Panel at BaselWorld World Watch and Jewellery Show

Class46 readers attending the upcoming BaselWorld 2010 World Watch and Jewellery Show (18-25 March 2010) may be interested to hear about the Panel of the exhibition. The Panel is a body composed of 4 layers and 3 experts from France, Italy and Far East Asia on jewellery and watch design and adjudicates intellectual property disputes during the exhibition.

The Panel is fast: all cases filed before 4 p.m. are decided on the same day and the parties receive a reasoned decision the next morning, 9 a.m. Infringing goods have to be removed from the exhibition. No financial compensation can be awarded. 75% of all cases concern design rights, and the Panel decides about 30 cases each year; in total, it has decided about 700 cases. About 80% of the filed complaints are decided in favour of the complainant.

BaselWorld is the most important jewellery and watch fair in the world and the Panel seeks to keep the exhibition "clean", i.e. free of infringing products.

Posted by: Mark Schweizer @ 10.13 
Tags: switzerland, fair, exhibition, design,

 

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  MONDAY, 1 MARCH 2010
Geographical indications from Georgia
According to this morning's online Official Journal, negotiations for an Agreement between the European Community and Georgia on Protection of Geographical Indications of Agricultural Products and Foodstuffs are underway.  Accordingly the protection in the European Community, as geographical indications, of 18 names listed at the end of this document in respect of wines are set out for consideration.

The Commission invites any Member State or third country or any natural or legal persons having a legitimate interest, resident or established in a Member State or in a third country [eg the holder of a relevant Community trade mark, national trade mark or other right], to submit objections to such protection by lodging a duly substantiated statement.

Statements of objection must reach the Commission within two months of today's date. Statements of objection should be sent to AGRI-B3-GI@ec.europa.eu and will be examined only if (i) they are received within the time limit and (ii) show that the protection of the name proposed would conflict with or be complete or partial homonyms of certain other names.

Posted by: Jeremy Phillips @ 08.23 
Tags: GIs, Georgia,

 

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  FRIDAY, 26 FEBRUARY 2010
Spain - Do not mess with golden Oscar.

The newspaper "El Mundo" reports that a Spanish company has been condemned by the Girona Court of Appeals for having sold 7,200 fake Oscar statuettes in Spain and Germany in year 2003. Despite the claimant  Academy of Motion Picture Arts and Sciences owns the CTM no. 002270817 on the shape of the Oscar statuettethe case seemed to have been finally resolved on copyright infringement (including moral harm and tarnishment due to the poor quality of the respondent's statuettes). The respondent has been condemned to pay Euro.- 3,000 as compensation for the "moral harm" suffered by the Academy, and Euro.- 2,800 as damages.

Posted by: Ignacio Marques @ 12.12 
Tags: Spain, tarnishment, moral right.,

 

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  WEDNESDAY, 24 FEBRUARY 2010
Malta in the CTM limelight
Though it provides some of Europe's most interesting historical monuments and many tourist attraction, Malta is little known in terms of its activity in the field of Community trade marks. This month's issue of OHIM's Alicante News has endeavoured to rectify this, publishing this short summary of the mid-Mediterranean paradise's trade mark filers and filing statistics.  

Posted by: Jeremy Phillips @ 22.38 
Tags: Malta,

 

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  WEDNESDAY, 24 FEBRUARY 2010
Keepin' up with the Joneses
As OHIM informs us, yesterday, the General Court affirmed an earlier Board of Appeal's decision that "James Jones" is confusingly similar to "JACK & JONES", in connection with clothing in Class 25. (case T-11/09). Though not a surprising judgment, one cannot help but notice the good number of Joneses, namely CTMS ending with the word "Jones" in class 25 (and other classes as well).

 

Posted by: Nikos Prentoulis @ 16.05 
Tags: General court, T-11/09, opposition, likelihood of confusion, jones, crowded field argument,

 

   0 comments:    Post a comment

 
 

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Who we all are...

Birgit Clark
Edith Van den Eede
Frédéric Glaize
Gino Van Roeyen
Ignacio Marques
Jeremy Phillips
Johanna Kauhanen
Mark Schweizer
Nikos Prentoulis
Tomasz Rychlicki

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The Class 46 archive


- 2010
     + July (54)
     + June (40)
     + May (33)
     + April (42)
     - March (62)
Finland: City of Turnip Is No More
Poland: problems with agents and representatives
Russia: .РФ priority registration period extended
Fujitsu assigns interest in iPAD mark to Apple
EU holds strong as Madrid system filings drop
Chirimoya among the latest crop of GIs
Moscow Courts: Consumers may think that Kremlin is behind production of vodka
General Court finds similarity between red cups
Spain - Public "strategic plan" for the promotion of IP.
General Court: Board of Appeal did not err in the NOLI/NOLLIE dispute
Poland: problems with colors and trade marks of football clubs
Switzerland: update on health claims regulation
Fucking hell is not blasphemous. Nor disparaging - for hell.
Poland: another judgment on legal interest
WIPO UDRP cases down 9.5% in 2009; number of domain names concerned at an all time high
Google AdWord decision - fresh from the ECJ
Latest Italian GIs protect potatoes and almond cakes
Italy - South Korea Anti Counterfeiting Agreement
Russia: MOTOexpert is confusingly similar to Motoreview
Around the journals -- some recent trade mark publications
Croatia stars while Madrid filings slump
Double-filing of applications: a reader asks Class 46
Sedano Bianco di Sperlonga: mild celery but strong legal protection
Poland: no hidden advertising of pharmaceuticals
OHIM: Proposed change on opposition suspensions and extensions
Some trade mark statistics from Germany
Google AdWord seminar: all welcome
Poland: the law of prägnanz in the trade mark law
Lufthansa's AirPlus International can't halt A+
Poland: nuances in advertising of pharmaceutical products
New Romanian mandatory mediation to help settle TM disputes
Trade marks and taxes in Poland
YugoMac opts for Vienna classification
DG Trade organises meeting on ACTA
Extra virgin olive oil gets PDO
The Polish Supreme Court speaks on reputation and criteria for trade mark infringement
Italy publishes new decree, but no timetable for implementation
Spain - "Look who's dancing" ... in the Courtroom.
Text-book - or rather: porn-film - case of tarnishment
Brands talk to mark World IP Day
Switzerland: adding sparkles to your ad copy is not misleading
An Oscar for Logorama
Poland: the reputation of a trade mark
What do the Netherlands Antilles and the Ukraine have in common?
Russia: Euroset in a battle for a free-ride
Daimler gets a nastygram from Ferrari
OHIM - latest updates to its Manual of Trade Mark Practice
Danes side with Benelux and the Hungarians on ONEL
The second lap in race for Dakar
Slovenia gets TSG protection for Belokranjska pogača
Seizure of goods bearing the EURO 2012 logo
General Court not confused by bottle shapes
When is a device mark not a device mark? When it's seen as mere words
Poland: trade marks and taxes
Poland: Glazide is distinctive
New Trade Mark Law in Slovakia
Apples and cakes get protected name status
Russian Antitrust Commission Bans Chocolates Similar to Ferrero Rocher
T - just T: Deutsche Telekom to abandon some of its "old brands" on German market
New OHIM Online Poll: help OHIM to improve its service
The Panel at BaselWorld World Watch and Jewellery Show
Geographical indications from Georgia
     + February (44)
     + January (36)
+ 2009
+ 2008
+ 2007

 
 

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