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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
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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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