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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
SUNDAY, 8 FEBRUARY 2009
OHIM: Changes to "The Manual of Trade Mark Practice"

The OHIM has informed the subscribers of its "Legal References" email alert about the following changes to "The Manual of Trade Mark Practice". Clicking on the links below will take you to the relevant part of the manual:

"PRACTICE CHANGE

Part B: Examination/Section 6: Search
(addition of “Four National Offices have decided to opt out of the Community Search system as from the 01 January 2009; Ireland, Portugal, Sweden and United Kingdom” etc., pg 17)

Part E, Section 3
Changes in an application or registration, Section 3, paragraph 1.1. Declaration of withdrawal (amendment following the decision of the Grand Board R 0331/2006-G Optima, pg 3)

OTHER CHANGES

Part C: Opposition/Part 1:
Procedural Matters, Section 1, paragraph 2.1. Earlier trade mark registrations or applications (addition of “The seniority claimed in a CTM can be taken into account within the meaning of Article 8 (2) (a) CTMR provided that the proprietor of the CTM has surrendered the earlier mark or allowed it to lapse within the meaning of Article 34 (2) CTMR and that this fact is proved by the opponent”, pg 15)

Part C: Opposition/Part 2:
Chapter 2: B. Similarity of Goods and Services
IV. SPECIFIC GOODS AND SERVICES COMPARED Paragraph 2. Similarity of retail services among themselves and of goods and retail services (deletion of “with or similar”, pg 48)

Part C: Opposition/Part 2:
Chapter 2: B. Similarity of Goods and Services IV. SPECIFIC GOODS AND SERVICES COMPARED Paragraph 2. Similarity of retail services among themselves and of goods and retail services (addition of ”Apart from being different in nature, given that services are intangible whereas goods are tangible, they serve different needs. Retail services, at large, consist in bringing together, and offering for sale, a wide variety of different products thus allowing consumers to conveniently satisfy different shopping needs at one stop, whereas, by definition, there are no goods serving such purpose. So, they have different nature and serve different purpose. Finally, they are neither in competition with, nor complementary to, each other”, pg 48)"

Posted by: Birgit Clark @ 21.00
Tags: community trade mark, OHIM practice manual,
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