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TUESDAY, 16 MARCH 2010
OHIM: Proposed change on opposition suspensions and extensions
 On its website OHIM has today published the following proposal regarding a potential change in practice concerning suspensions and extensions of time in opposition proceedings :
"OHIM is proposing a change in practice with regard to suspensions and extensions of time in opposition proceedings. In a presentation to OAMI Users Group the office said the move was in response to users demand that the situation be made clearer and more consistent.
If a suspension is requested by the opposition parties, the office proposes in future to grant it for a period of one year (instead of variable periods at present). Subsequent requests will be granted for the same period. During all suspensions any party will be able to opt out and bring the suspension to an end.
With regard to extensions, it is proposed that any first request for an extension, which is received in time, will always be granted. However, any subsequent request for an extension of the same period of time will be refused, unless there is demonstrably a situation of force majeure for the party requesting the second extension.
The office hopes that the proposed changes will make opposition suspensions and extensions more predictable. After hearing the views of the User Group the Office will shortly adopt a final position. This will be clearly announced on the Office website."
Class 46 comment: I understand the argument about the predictability of deadlines. However, while this proposal is very much in line with the UKIPO rules, I cannot help but thinking that the proposal concerning a second extension of time only being granted in "a situation of force majeure" could make the life of attorneys, who are desperately seeking instructions and information from the clients, rather difficult...
Posted by: Birgit Clark @ 14.53
Tags: ohim, |
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TUESDAY, 16 MARCH 2010
Some trade mark statistics from Germany
 The German Patent and Trademark Office (DPMA) has published some interesting statistics on its website: in 2009 69,069 German trade mark applications were filed at the DPMA and 49817 trade mark matured to registration in that year. This is an average of about 200 trade marks per working day. The number of applications has decreased by 6.5 % compared to 2008 (73,903), while the number of trade mark registrations is almost unchanged (2008: 50,259).
Most of the marks (15,450) were filed by applicants from the German state of North Rhine-Westphalia. Even though fewer marks were filed in most German states went compared to 2008, application numbers went up in the states of Brandenburg (1,074), Thuringia (987) and Mecklenburg-Vorpommern (651).
More information can be found on the DPMA's website.
For a more detailed review, this Class 46 member warmly recommends German Markenblog.de's report on this data.
Posted by: Birgit Clark @ 13.27
Tags: DPMA, |
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TUESDAY, 16 MARCH 2010
Google AdWord seminar: all welcome
Next Tuesday, 23 March, the Court of Justice gives its ruling in the Google AdWords references for a preliminary ruling from France. Two days later, on Thursday 25 March, the IPKat is hosting a free Rapid Reponse seminar in Central London in which the significance of the court's ruling for internet service providers, brand owners and their competitors will be examined and discussed. The speakers include two members of the Class 46 blogging team, Jeremy Phillips and Birgit Clark, as well as leading London IP barrister Michael Edenborough (who will be dissecting the Court's ruling). Further details of this seminar, to which Class 46 readers and indeed all MARQUES members are welcome, may be found here.
Posted by: Jeremy Phillips @ 12.14
Tags: ECJ ruling, AdWords, |
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MONDAY, 15 MARCH 2010
Poland: the law of prägnanz in the trade mark law
In May 2006, the Polish Patent Office (PPO) granted the right of protection for COROVIN R-173989 trade mark. Coroplast Fritz Müller GmbH & Co.K.G. the owner of COROPLAST R-91907 trade mark filed a notice of opposition to this final decision of the Patent Office on the grant of a right of protection. The German company argued inter alia that both signs are similar. The PPO rejected the opposition and the German company filed a complaint to the Voivodeship Admnistrative Court (VAC) in Warsaw.
The VAC in a judgment of 4 January 2010, case file VI SA/Wa 442/09 applied rules of the law of prägnanz (German: pithiness) while deciding this case on the grounds of the similarity of signs. The Court ruled that by creating specific stimuli, one can manipulate the external context, and by influencing the human experience, one can manipulate the internal context. The law of proximity states that elements close to each other compared with other, more distant elements form the figure. The law of similarity based on the law of proximity in relation to similar elements, indicates that human perception can give rise to a new separate figures, and a new association. Next, the law of closure indicates that the perceptual system adds the missing elements and closes the form of incomplete figures, and in this case one can add to the already existing characters CORO other letters. It should be noted that the human being creates the perceived reality based on the interaction of knowledge that flows from the various branches and experience, with received stimuli. So it may be, in this case. Human knowledge derived from other branches of science may "complete" the lack in the designation and close this sign.
Therefore, the VAC annulled the contested decision, and ruled it unenforceable. This judgment is not yet final. The party unsatisfied with the ruling may file a cassation complaint to the Supreme Administrative Court.
Posted by: Tomasz Rychlicki @ 15.13
Tags: Voivodeship Administrative Court, similarity of signs, trademark law, Polish Patent Office, law of prägnanz, |
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MONDAY, 15 MARCH 2010
Lufthansa's AirPlus International can't halt A+
A subsidiary of German flagship airline Lufthansa has failed in its appeal against the decision of the OHIM Board of Appeal to allow registration as a Community trade mark of the A+ figurative mark shown here. The airline had maintained that the applied mark was confusingly similar to its earlier Community trade mark AirPlus International. Both the earlier mark and the later application were direct ed at numerous goods and services, but any overlap for goods or services was of no avail since the two mark were just not sufficiently similar to support the contention that there would be any likelihood of confusion: Case T‑321/07, Lufthansa AirPlus Servicekarten GmbH v Office for Harmonisation in the Internal Market, Applus Servicios Tecnológicos, SL.
Posted by: Jeremy Phillips @ 05.56
Tags: CTM opposition, |
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SUNDAY, 14 MARCH 2010
Poland: nuances in advertising of pharmaceutical products
The Main Pharmaceutical Inspector (MPI) found that Polish Federation for Women and Family Planning (in Polish: Federacja na rzecz Kobiet i Planowania Rodziny) is publishing the names of contraceptives on its Internet website, and therefore the Federation advertises these products. The MPI ordered the immediate cessation of such actions because it may encourages the use and prescription of such medical preparations and public advertisement of medicinal products as contraceptives, that are issued only on prescription, is prohibited by provisions of the The Polish Act on Pharmaceutical Law.
Advertising a medicinal product shall mean any activity consisting in informing about and encouraging to use the medicinal product
The Federation filed a complaint to the Voivodeship Administrative Court (VAC) in Warsaw. The VAC in a judgment of 3 March 2009, case file VII SA/Wa 2108/08, has overturned the decision of the GIF, but only because the incomplete material was submitted. The VAC agreed that MPI's decision was justified with regard to cessation of public advertisement of contraceptives. The Federation filed a cassation complaint.
The Supreme Administrative Cort (SAC) in a judgment case file II GSK 461/09, ruled that the provisions of Polish Pharmaceutical law are legible and obvious, but they must relate to the circumstances of a particular case and to all reasons of actions taken in order to inform about the medicinal product. According to the SAC these circumstances were not considered and the VAC also omitted the statutory objectives of the Federation. The major role of the Polish Federation for Women and Family Planning is to inform of the various methods of family planning. Publishing the name of contraceptives, cannot be treated as an encouragement for its use. The information does not come from the responsible entity, and the publication of characteristics of medicinal products is not considered as advertising. If the order issued by the MPI was sustained, such information could not be published at all.
Therefore, the SAC annulled the questioned judgments of the Voivodeship Administrative Court and returned the case to the VAC for reconsideration.
See also Class46 post entitled "Poland: first judgment on differences between sponsorship and advertising of pharmaceutical product".
Posted by: Tomasz Rychlicki @ 00.18
Tags: Main Pharmaceutical Inspector, advertising of pharmaceuticals, Voivodeship Administrative Court, Supreme Administrative Court, pharmaceuticals, |
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FRIDAY, 12 MARCH 2010
New Romanian mandatory mediation to help settle TM disputes
With effect from Wednesday 3 March 2010 mediation -- which has been available in Romania since 2006 -- has become mandatory for all civil disputes and simple criminal cases.
The parties involved in the dispute will be obliged to seek to resolve each issue through mediation before turning to court. If a trial has already been initiated, the parties may request its suspension for a maximum of three months in order to try to settle the case through mediation. If the parties bring the case to court directly, the judges will require them to attempt mediation first, resorting to court only if mediation fails.
This measure, mainly enforced to ease the courts’ caseloads, is advantageous for the parties involved in disputes, as it is shorter and less complex and costly.
While approaching the other party with the purpose of amicable settlement was often used by trade mark owners before initiating a court action, it was not always taken into consideration as a way of resolving a conflict.
Mediation should be seriously considered as an alternative to the traditional judicial system, especially because of the saved time and money.
With ordinary trials before the Romanian courts, on average two to three years pass before a definitive and irrevocable decision is reached. During this time, IP rights owners cannot fully benefit from their rights and they also spend the unnecessary money and energy.
The advantage given by the mediation procedure is that the disputing parties have complete control over the entire process. The procedure is informal, fast, efficient and low cost, which is especially favourable in light of the current economic crisis.
This item is based on an article in the IP newsletter of PETOSEVIC.
Posted by: Jeremy Phillips @ 15.10
Tags: Romania, mediation, |
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