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Polar VS Polaris

POLAR vs./ On January 8, 2007, the Second Board of Appeal regarded these marks as different. The signs are unequal but short in length and only the trademark POLARIS includes a figurative element. The Board retained the difference in the last syllable as significant. Intellectually, POLAR refers to the Earth pole, whereas POLARIS has no…

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LexConcept team at the “Franchise Expo Paris” tradeshow

LexConcept team at the “Franchise Expo Paris” tradeshow As a member of the experts’ committee of the French Franchising Federation, Eric SCHAHL (partner) and the team of our LexConcept department were present between March 23 and 26, 2007 at the franchising tradeshow of Paris. They informed and advised franchisees and franchisors on the appropriate securing…

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SIMPLICIO vs./ COMPLICIO

SIMPLICIO vs./ COMPLICIO On September 28, 2006, the French Court of First Instance denied the risk of confusion between SIMPLICIO and COMPLICIO for financial affairs in class 36. For the judge, SIMPLICIO refers in French to simplicity whereas COMPLICIO refers to complicity and their lack of conceptual link was regarded as sufficient. This decision completely eluded the…

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RESPICORT vs./ RESPICUR

On February 13 2007, contrary to the Board of Appeal of the OHIM, the CFI judged that, although professionals might perceive some conceptual differences between RESPICORT and RESPICUR in class 5, the relevant public, which also includes end consumers, is likely to confuse them phonetically, visually and conceptually.

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Exclusive Interview of Mrs. Sophie Lalaude in charge of the “Name Work group” (NWG) at the AFSSAPS (French Health Products Safety Agency) – PART I What is the role of the NWG?

 Focus on the French Health Products Safety Agency    The French Health Products Safety Agency (Afssaps) was created by the law of 1 July 1998, passed to strengthen existing monitoring and healthsafety systems, in order to provide an improved response to the increasing diversity and interaction of health safety issues relating to healthcare products. The Afssaps…

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BBQ

On January 8, 2007, the Board of Appeal denied registration to an orange colour mark in classes 35, 37 and 39. For the Board, the distinctiveness of a colour per se without prior proven use was inconceivable, except in specific circumstances.   Also, the sign was a secondary colour for which a monopoly would unduly…

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OKAY

On January 17, 2007, the CFI rejected a trademark application for an embossing of kitchen towels in classes 16 and 21 as consumers would either regard the embossing as referring to the absorption properties of the products or consider it as purely made for aesthetic or decorative purposes. The sign that was applied for was…

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“Argus de l’automobile”

    On January 23, 2007, the French High Court rejected an unfair competition action initiated by the publisher of the “Argus de l’automobile” magazine (i.e. “glass’s guide”) against the domain name argus.fr. The Court considered that ARGUS is a usual term. Despite the great success of the magazine and all the investments that were…

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