Langsung ke konten utama

Ecj Bans Merchandise Score Examiners From Slicing Their Salami


When considering the distinctiveness of a chemical compound merchandise mark, for illustration a sign made upward of letters in addition to numbers, the right approach is to pretend that y'all are the relevant consumer of the goods or services for which the applicant seeks registration of the seat in addition to and so to consider the merchandise seat equally a whole. There's zip to live gained, therefore, from "salami-slicing" the sign upward into its factor parts in addition to and so ruling that each of those parts, past times itself, is non-distinctive in addition to and so lastly that the whole seat can't live to a greater extent than distinctive than the amount of its parts. That's the moral of the European Court of Justice (ECJ) ruling lastly Th inwards Case 329/02 SAT.1 Satellitenfernsehen GmbH v OHIM.

The applicant's seat inwards this case, SAT.2, was sought for satellite in addition to satellite broadcasting services. OHIM and the Court of First Instance (CFI) refused registration on the footing that "Sat" was curt for satellite, "2" was a issue used inwards the presentation of such services in addition to ".", beingness merely a punctuation mark, had no distinctive graphic symbol at all. The ECJ disagreed, emphasising that

* there is no presumption that elements which are individually devoid of distinctive graphic symbol cannot, on beingness combined, live perceived past times the relevant consumer equally beingness distinctive.

* there is no specific seat of linguistic or artistic inventiveness or imaginativeness that must live shown earlier a merchandise seat tin live registered. It's plenty for a seat to enable the relevant populace to set the root of the goods or services in addition to to distinguish them from those of other undertakings.

* the frequent use of merchandise marks consisting of a discussion in addition to a issue inwards the telecommunication sector showed that such a combination cannot live considered to live devoid, inwards principle, of distinctive character.

is thrilled amongst this decision, reminding readers that the CFI's judgment was vigorously criticised past times Jeremy Phillips inwards his book, Trade Mark Law: a Practical Anatomy, published lastly twelvemonth past times Oxford University Press.

More on salami here, here and here
Naughty things to produce amongst salami here, here and here
Label:

Komentar

Posting Komentar

Postingan populer dari blog ini

Neither Snot Nor Spinach

raised a furore terminal calendar week when he told Ilanah’s favourite joke (“Do Trade Marks Get Up Your Nose?”, viii December). In an urgent endeavour to construct amends past times telling a joke inwards somewhat ameliorate taste, he is pleased to convey you lot a tale which masquerades equally a truthful even out (sub nom. “Actual Australian Court Docket 12659: the Case of the Pregnant Lady”). The story, which has genuinely been doing the rounds on the meshing for some time, goes equally follows: A lady most viii months important got on a bus. She noticed the homo reverse her was smiling at her. She straight off moved to some other seat. This fourth dimension the grin turned into a grin, as well as so she moved again. The homo seemed to a greater extent than amused. When, on the 4th move, the homo outburst out laughing, she complained to the driver as well as he had the homo arrested. The representative came upwards inwards court. The gauge asked the homo (about twenty years o...
Posting Komentar
Baca selengkapnya

Something To Read This Weekend

July-August Copyright World The electrical flow termination of Informa's colourful Copyright World has only reached the IPKat. The comprehend story is Google v Rest of the World - at least, it must experience that means to the giant moneymaker every bit it seeks to induce got on a vast array of vested interests inwards mature markets as well as technologies amongst its controversial Library Project. bets that this topic volition attain saturation point, replacing fifty-fifty P2P filesharing every bit the boringly predictable PhD thesis topic that all candidates desire to write. Full listing of contents here . Merpel's Must-Read : "Into the Honey Trap?", where the Copyright Terminator meets Winnie the Pooh. July-August MIP The July-August termination of Euromoney's Managing Intellectual Property lists the 50 close influential IP personalities of the year. Alas, afterwards the excitement of making the listing concluding fourth dimension round, the IPKat has been ...
Posting Komentar
Baca selengkapnya

No Prophylactic Trend To Intermission Up; Latest Ecdr

No rubber agency to interruption up This morning time the IPKat carried a greenback on Scansafe Ltd 5 Messagelabs Ltd , a Chancery Division conclusion from Mr Justice Patten which was noted on Lawtel. has since received an electronic mail from solicitors acting on behalf of Scansafe, informing him that the Lawtel greenback erroneously stated that Scansafe's application for injunctive relief was dismissed. Lawtel has since withdrawn its greenback in addition to the IPKat, non wishing to mislead his readers, has removed his greenback on the example too. Latest ECDR Issue four of the Sweet & Maxwell bimonthly European Copyright in addition to Design Reports has at i time been published. Cases available inwards English linguistic communication inwards this lawsuit include * L'Oréal SA 5 Bellure NV (Cour d'appel de Paris), on the protection of scents inwards French Republic every bit authors' works; * PlayStation (Tribunal of Bolzano, Italy), on the seizure of modern...
Posting Komentar
Baca selengkapnya