IP Talk

SPAM lacks distinctiveness for computer and communication services

On July 19, 2006, the OHIM Board of Appeals confirmed the Examiner rejection of the word mark SPAM in classes 36, 38 and 42 for lack of distinctiveness. For individuals familiar with the use of computers and interested in networking and electronic communications, SPAM would unambiguously indicate services that are intended to guarantee spam free

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Bitter sweet shapes excluded from trademark protection

On June 22, 2006, the CJEC, retained the lack of distinctive character of the two device trademarksand . In fact, their shape and colours were not different (i) from those commonly used in trade and (ii) from trademarks which might exist in the confectionery sector. The judge also rejected an acquired distinctiveness through use since

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Cowhide devices have low distinctiveness for milk products

On June 13, 2006, the Court of First Instance denied a likelihood of confusion between the earlier mark and the application for milk goods. For the judge, all the components of the prior trademark were not sufficient to deny that the cowhide design dominates, by itself, the image of the mark. Considered as visually different,

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The Rubiks Cube trademark is fully distinctive

    The creator of the well-known game Rubiks Cube, and his licensing company sued for counterfeiting acts a French company on the basis of their community three-dimensional trademark representing the famous cube. The defendant tried to obtain the cancellation of the mark arguing on one hand that the shape of the game could not

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INLEX FILES : First worldwide case of cancellation for color trademark which became common !

  (trademark)  On March 23, 2006, the Court of Appeal of Lyon ordered the cancellation of the pink color trademark of CANDIA considering that the pink color has now become common for milk products. The concerned trademark was regarded as an insufficient variation of that pink color for enabling the average consumers to distinguish the

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