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The “DADVSI CODE”

The “DADVSI CODE” : The mystery of the author’s right bill is to be over Since last winter, French citizens and Internet users have been held breathless by the multiple steps of the DADVSI (meant for Limitations and exceptions to Copyright and neighboring rights in the digital environment) bill project. The bill has been reviewed…

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10 YEARS OF OHIM PRACTICE…And still differences

After one decade of Community Trademark practice, we have decided to conduct a practical analysis of the main differences between the practice of national Trademark offices of the EU member states, on the one hand, and OHIM habits on the other hand. You will find our interviews with our European associates in each issue of…

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Obelix/ Mobilix

In OBELIX vs./ MOBILIX (October 27,2005), the European Court of First Instance first denied similarity because of the wide formulation “electrotechnical apparatus and instruments, electronics” whereas a specific protection of telecommunication apparatus and instruments could have been easily obtained by the opponent when reciting the list of products. The Court even goes further in absurdness…

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IT SOUNDS !

OHIM stipulated recently the conditions for filing sound trademark and indicated that an MP3 file may now be joined with the technical conditions providing that its size does not exceed one Megabyte and that it does not allow loops or streaming.   This does not mean that the MP3 file is sufficient. In fact, it…

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Retail sale services under the European recent practice

In eight months of birth, the definitive allowance of retail services under trademark registrations in the European Community has lead the OHIM President to further intervene and the Opposition division to show its difficulties in handling this new possibility.     Registration of retail sale services Community trademark was first granted by the OHIM Board…

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PERFIX/CERFIX

On February 1st, 2006 – PERFIX/ CERFIX The European Court of First Instance upheld an opposition based on trademark CERFIX against trademark PERFIX as reproduced here above. (Community trademark application) VS./ (Earlier trademark opposed) The reasoning was to minimize the visual differences as regards the strong phonetic likeliness of the signs, especially because of the…

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SERIAL TALKER !

ARE SLOGANS REALLY ELIGIBLE TO REGISTRATION UNDER THE EU SYSTEM? Recent community decisions show a strict position as regards the eligibility of a slogan to registration as a trademark under the EU system

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New law in Morocco

Provisions that came into effect on February 20, 2006 brought important changes with: -The approval of sound and smell signs as trademarks -The implementation of an opposition proceeding which will open 2 months starting from the publication date

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