Jour : 15 septembre 2007

Customs watch, strategy and interest

The European Union Customs can be used to disclose counterfeiting goods according to an efficient process that is easy to settle. The owner of a Community Trademark must send to the Customs of its country an “intervention petition”. This petition must detail the main information concerning the authentic goods, the current type of possible counterfeiting, …

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Replacing a national trademark by an international registration

With the view of optimizing new trademark strategies we have experienced a barely used procedure of substitution of an earlier national trademark with an international registration. With the view of optimizing new trademark strategies we have experienced a barely used procedure of substitution of an earlier national trademark with an international registration. This procedure is …

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Lack of similarity between “wines” and “articles of glassware”

On June 12, 2007, the CFI denied similarity between wines and glassware items. These goods were regarded as distinct by nature and use, non interchangeable and not in competition nor produced in the same areas. Their selling or marketing in the same places or for common promotional purposes was not proven to be general enough …

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“Clothes and leather goods” not similar to “perfumery products”

On July 11, 2007, the CFI retained for the first time the aesthetic complementary aspects of products to avoid having to deal with the diversification criterion (the Community case law does not want to hear about this criterion contrary to the French practice). The aesthetic complementary of products depends on how important one product is …

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New step in the prevalence of word components over devices

On June 12, 2007, the CJEC stated that overall similarity cannot be limited to taking into account only one element of a complex mark and comparing it toanother mark. The global impression can be dominated by a single element if all the other components of the marks are accessory.The automatic prevalence of word components over …

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« Sarah Chole for Bad Girls » similar to « Bad Girls »

On July 31, 2007, the OHIM ruled that the public could believe that a stylist named Sarah CHOLE had designed a fashion collection for the mark BAD GIRLS. At least, consumers could perceive the clothes of each mark as originating from the same company and as a development of the BAD GIRLS trademark. This decision …

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