Issue 024
  December 2012
Contents:
 

Cooperation Fund takes off

>  
 

CTM e-filing improvements

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Seniority project grows

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8th Liaison Meeting report

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TM5 Barcelona report

>  
 

OHIM website & convergence programme

>  
 

MARQUES meets European Commission DGs

>  
 

Designs meeting update

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Colour trade marks – US and Europe

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WIPO and class headings

>  
 

New process for OHIM Guidelines

>  
 

MARQUES Media Roundup

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MARQUES Office opening times

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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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More Cooperation Fund projects go live

A suite of tools making up the Cooperation Fund were switched on last month. The Fund includes 17 projects in total. More than half of these are now operational, with further developments expected next year.
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New goods and services in CTM e-filing

 

Seniority project grows

As of 15 October 2012, OHIM has introduced a new provisional feature in the section on goods and services in the electronic Community trade mark application form. The feature allows applicants, who have selected the Class Heading for a particular class, to tick a box indicating they wish to be covered for all the goods or services in the alphabetical list of the Nice Classification.   The National Office of Slovenia and the Benelux Office of Intellectual Property (BOIP) have become the fifth and sixth offices to implement the Cooperation Fund seniority project. They join Ireland, Hungary, Portugal and the Czech Republic in the implementation of this project.
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Having accurate seniority data is important for Community trade mark owners who have previously registered an identical mark in an EU member state which has been surrendered or allowed to lapse. This project of OHIM´s Cooperation Fund aims at establishing links between entries in the national and Community databases and making the information accessible online.

Readers’ attention is drawn to an important notice released on MARQUES Class 46 blog on 14 November 2012 about Mistakenly accepted seniority claims. The OHIM Operations Support Department has confirmed that there is no proceeding before OHIM to challenge a mistakenly accepted seniority claim. Alternatively, the trade mark should be challenged directly in its respective country.

Source: OHIM, More information: MARQUES Class 46.

Liaison Meeting on Trade Marks
MARQUES attended the Eighth Liaison Meeting on Trade Marks which was held in Alicante on 10 and 11 October 2012, represented by Diana Versteeg, first Vice-Chair of MARQUES Council and Alessandra Romeo, MARQUES External Relations Officer.
Read More >>
TM5 Meeting held in Barcelona
In its observer status at the OHIM Administrative Board and Budget Committee, MARQUES was invited by OHIM to attend the TM5 Meeting which took place in Barcelona on 30 and 31 October 2012. The MARQUES delegation was composed of Alessandra Romeo, MARQUES External Relations Officer, and Sebastian Fischoeder, a member of the MARQUES Designs Team.
Read More >>
New OHIM website project and Convergence Programme projects
Sofia Martinez, second Vice-Chair of MARQUES Trade Mark Law and Practice Team, attended the third and last meeting of the Working Group of the new OHIM website project held in Alicante on 4 October 2012.
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MARQUES meets European Commission DGs

 

Liaison Meeting on Designs

On 15 October 2012, a MARQUES delegation led by Diana Versteeg, first Vice-Chair of MARQUES Council (pictured), and including Alessandra Romeo (MARQUES External Relations Officer), Massimo Sterpi (of MARQUES Council) and Ian Lowe (in the chair) from the MARQUES Regulatory and Anti-Counterfeiting and Parallel Trade Teams met with officials of DG TAXUD and DG TRADE as well as with members of Commissioner De Gucht’s Cabinet.   The Designs Liaison Meeting took place at OHIM last month. In addition to representatives of the member states (current and candidate), there were members of ECTA, FICPI and INTA. David Stone, Chair of the Designs Team (pictured), represented MARQUES.
Read More >>   Read More >>
What colour is your trade mark?
Recent European and US cases on colour trade marks are compared by members of the IP Outer Borders Team.
Read More >>
WIPO clarifies class headings practice
WIPO has issued a communication entitled: Indications that the Use of Class Headings of the Nice Classification in International Applications Is Intended to Cover all the Goods and Services Included in the Alphabetical Lists of the Classes Concerned.
Read More >>
New process for OHIM Guidelines
OHIM is to adopt a new process in 2013 which will see its manuals on trade mark and registered design practice replaced by a new set of Guidelines in all official EU languages.
Read More >>

MARQUES media roundup

 

MARQUES Office opening times

Catch up on the news and discussions from the MARQUES website and social media channels.

  Please note the MARQUES Office will close at 1700hrs on Friday 21 December and will reopen at 0900hrs on Wednesday 2 January 2013.  We would like to extend Seasonal Greetings to all our members and we wish you a peaceful and prosperous New Year.

Read More >>  

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