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CLASS 46


Now in its twelfth 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.

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Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
WEDNESDAY, 4 SEPTEMBER 2013
The Greek TM Office: How much of Alicante should be enough?
Those browsing the Greek TM Office's website, will have noticed that Examiners decisions rejecting TM applications are also being published (following a recent minor legislative 'intervention'). A further look into those decisions reveals that the Greek TM Office may be toughening its position vis a vis applications border-lining with descriptiveness. This appears as a step in the right direction, in the sense that it contributes to a level playing field on absolute grounds interpretation between OHIM and the Greek TM OFFICE (perhaps other Member States too), which obviously further 'substantiates' a Single (or Common, as some of us knew it) Market.

This alignment has gone as far as the provisional refusal letter/communication itself. If you have  received such provisional refusal notification from OHIM, then you would know how the Greek one looks and reads. At this point  the nagging blogger starts... nagging. The Greek TM Office and the Greek courts have created a significant body of case law on absolute grounds. Not everybody likes and it is not always in line with Community jurisprudence, but it is there and it may be wrong to discard it, even if only for the mere sake of standardization and efficiency. Perhaps on this particular issue, this is too much of Alicante.

I wonder how things stand in other jurisdictions: any comments or thoughts?

 


 
Posted by: Nikos Prentoulis @ 11.48
Tags: Greece, OHIM, Greek Trademark Office, DCIP, absolute grounds, case law,
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