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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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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
THURSDAY, 29 MAY 2008
Commission names HARVERI in health and safety opinion

Published this morning on the Official Journal website is Commission Opinion of 27 May 2008 in application of Article 7 of Directive 98/37 as regards a prohibition measure adopted by Finland in respect of a forestry harvester bearing the trade mark HARVERI MD-2007-144. The Opinion concludes:

"In light of the documentation available and the comments of the parties concerned, the Commission considers that the Finnish authorities have established the non-conformity of HARVERI forestry harvester with the essential health and safety requirements 1.3.3 and 3.2.1, in conjunction with the preliminary observation 2 and the essential health and safety requirement 1.1.2 of Annex I to Directive 98/37/EC, and that these non-conformities give rise to a risk of serious or fatal injury to operators. Consequently, having followed the required procedure, the Commission is of the opinion that the measure taken by the Finnish authorities [in banning the placing the harvesters in question on the market] is justified".
What is interesting here is the prominent reference, in the title of the Opinion, to a trade mark. This is a warning to trade mark owners that the invocation of necessary health and safety measure can result in substantial damage to the value of a trade mark.

Posted by: Blog Administrator @ 08.20
Tags: Ban on trade marked machinery,
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