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RODA vs./ ODA

On October 25, 2006, the European Court of First Instance went against the main Community case law on short marks. The Court held that the letter « R » was not sufficient enough to differentiate visually these word marks which still had 3common letters. Orally, they both bear a two-syllable structure with the same overall sound and…

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PAM-PAM vs./ PAM-PIM’S BABY-PROP

    On September 7, 2006, the European Court of First Instance claimed the marks PAM-PIM’S BABY PROP and PAM-PAM to be similar. The comparison was focused only on PAM-PAM and PAM-PIM’S because of (i ) the introductory position of PAM-PIM’S and of (ii) the presence of « baby » in many everyday language expressions for babies’…

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Oh Christmas tree !!

On September 7, 2006, the European Court of First Instance admitted the likelihood of confusion between two figurative marks. According to the Court, visually, the fir shape was the common dominant element of both marks which intellectually coincided in their ideas, the application being regarded as an amusing variant of the earlier trademark silhouette. At…

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The double test for pharmaceutical trademarks

      The « European MEdicines Agency », « EMEA »,(for the Community) – and the « French Health Products Safety Agency « AFSSAPS » (for France) – ascertain that, in the application for trade authorization, proposed pharmaceutical trademarks are not confusingly similar to other existing trademarks and cannot generate confusion as to the quality or properties of the pharmaceuticals and…

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Clarifications on the impact of the Evin law on trademarks

The Evin law relative to the anti-smoking and anti-alcohol campaign was put into force in France in January 1991 and deals specifically with restrictions on communication and advertising for tobacco products and alcoholic beverages. According to the text, « any publicity or advertising in favor of a company, a service, apiece of goods, or an article…

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It Links!

    The Google Adwords system, allowing undertakings to purchase keywords and display advertisements on their basis, leads to legal difficulties when a keyword is a third party trademark. The growing number of French decisions against Google brings us to establish a portrait of the most significant aspects.

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SHAPES

Registration is open only to shapes which significantly differ from norms and uses and do not meet any technical function or value. These aspects serve as the basis of most of the OHIM rejection decisions. However, acquired distinctiveness through use is a first solution for the registration to be granted as long as evidence of…

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SMELLS

With the registration of the trademark « FRESH CUT GRASS  » in October 2000, everyone thought the OHIM had started the Community olfactory mark saga but it did not! Later on the Court of Justice and the Court of First Instance did not consider a chemical formula and a combination of a device and words to…

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Sounds

Our sound Community mark No.004901658 filed in an MP3 format has passed through the OHIM examination stage successfully and has now been published. The sign can be heard on the OHIM web site database. To our knowledge, this is the first mark in an MP3 format to be accepted by the OHIM under the new…

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