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3D Trademarks in French and Community practice

considered, for example, that the breakable characteristic and overall shape of the LEXOMIL pill did not fulfill a technical function. The shape of a product or a product’s packaging are eligible as trademarks. French and Community trademark provisions concur in listing them as signs that may constitute trademarks. However, in practice, distinctiveness and the desire …

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New rules in French opposition proceedings

A new French Decree modifies opposition proceedings. Suspension may still be obtained for a maximum of six months but only through an initial period of three months renewable once. Until now, the parties could apply for suspension for different lengths of time, provided these did not exceed six months in all. The Decree also removes …

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Automatic suspension in EU opposition proceedings?

When a trademark that is being opposed to in a Community proceeding is also sued, how does this affect the opposition? Community Regulations provide that the OHIM may suspend the proceeding when circumstances so require. The Office is not obliged to do so, and suspension is up for the examiners to decide. On December 18, …

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