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Topic: OHIM

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In the News (Sun 16 Jun 19)

Both OHIM and the Board of Appeal refused the application on the basis that it was devoid of distinctive character.
OHIM had not cross-appealed, but it had invited the ECJ to provide further clarification on the protection of colour marks lacking contour in respect of the consultancy services.
OHIM sought to annul the judgment of the Court of First Instance (CFI), which declined to endorse OHIM’s view that an advertising slogan was not registrable due to the lack of an additional element of imagination or originality.
www.mwe.com /info/news/euroip1104-trademark.htm   (1381 words)

 The UK Patent Office -Trade Mark - Common questions about OHIM   (Site not responding. Last check: 2007-10-14)
OHIM are aware that very similar marks are occasionally routed to different examiners.
OHIM, not unnaturally, take the view that it is the responsibility of the party seeking to prove an issue to provide the necessary material which does so.
Therefore, if OHIM have refused to accept an application for registration on the grounds that the trade mark is descriptive in English for the goods and services claimed, then neither the United Kingdom nor Irish Trade Mark Offices could consider the conversion of the application.
www.patent.gov.uk /tm/howtoapply/abroad/askohim.htm   (1764 words)

 [No title]
OHIM is rather proud of those “beginners” proving that the huge effort undertaken by the Office in communicating the new IP right to all circles of potential interest has achieved its goal.
Language OHIM has received applications in the 11 admissible languages of the European Union, however, English (30%) and German (25%) are dominating, followed by Spanish (11%), Dutch (9%), French (7%) and Italian (6%).
The OHIM responded in time to this new challenge by having initiated an external recruitment taking into account skills in the new official languages; some of the new staff members are foreseen for the Designs Department.
www.ficpi.org /library/BerlinCongress/W2_Schlotelburg.doc   (2060 words)

The conference planners for this session thought there was a typo in the title of this topic when they read OHIM and, even after I explained what it stood for, they asked if I still wanted to keep it in the title.
Although Europe unionized in 1992, OHIM is ahead of the single currency and other visible initiatives and, provided they can deal with the serious backlog and become fully operational, the Office could become a centerpiece of the new Europe.
It also serves to highlight the present status of OHIM and some of the remaining uncertainties, such as conversion and Seniority.
www.oblon.com /Pub/hines-110.html   (2398 words)

 OHIM Proposes Change of Policy on CTM Registrations for Retail Services   (Site not responding. Last check: 2007-10-14)
OHIM's policy of refusing registration for retail services was not based on actual CTM legislation (Community trademark Regulation and Implementing Rules) but only on a provision of the Examination Guidelines.
OHIM does not share the view, expressed in the Giacomelli decision, that a reference to a field of activity is a legal necessity.
OHIM finds that the meaning of the term "retail services" is sufficiently clear, but recommends a limitation to the field of activity or more specific nature of the retail service, in order to reduce the chance of unnecessary oppositions.
www.sib.it /engsib/novita/tm/301100.htm   (356 words)

 European Community Trademark   (Site not responding. Last check: 2007-10-14)
After formality-check by OHIM and a search in the EU-trademarks register, a copy of the application is distributed to the national trademark authorities in the EU-countries.
If the opponents case is adopted by OHIM, opponent will be reimbursed for expenses incurred by lodging the opposition within fixed rates, but if opponents case is dismissed, opponent reimburses the applicant the same way.
In case of OHIM adopting an opposition from one EU-country, the whole EU-application lapses.
www.slw.dk /english/european.htm   (659 words)

 Alicante Abstracts
So far as conflicts are concerned, OHIM are taking the view that there will generally be little risk of confusion arising between a mark for particular goods and another mark for the retailing of those goods, except in special circumstances, such as when the two marks are virtually identical or one is very well known.
It has clearly not been an easy decision for OHIM to reach, not least because of the constraints on them from Community legislation and the fact that not all national regimes in the Community are in favour of such registrations.
OHIM is fond of making the point that the CTM Regulation is a new system of law that is different from national trade mark laws.
www.jenkins-ip.com /mym/autumn2001/alicante.htm   (5980 words)

 The UK Patent Office - Media Centre - Media Contacts - News Briefing: Trade Marks abroad - 'Madrid Protocol' and 'OHIM' ...   (Site not responding. Last check: 2007-10-14)
The advantage of using the Madrid system is that owners may protect their trade marks in several countries, by means of a single application filed via the UK Patent Office, in English, and they can designate as many or as few countries as they wish from over sixty members of the Protocol.
That said an owner of a national right is quite at liberty to apply to OHIM to seek to have that right extended to every member state of the Community.
Like any national authority OHIM will check that an application meets the requirements of the law, but the end result is a single right valid across the whole Community.
www.patent.gov.uk /media/briefing/tmabroad.htm   (390 words)

 EU - OHIM Policy Statement Concerning Retail Services
It is now OHIM's policy that, although retailing as such is not a registrable service, the services rendered in connection with the retailing of goods will be accepted for registration as Community Trademarks and will be classified in Class 35.
OHIM noted that there is currently no consensus among those Member States that provide for registration of retail services how such services should be described.
OHIM is also unwilling to accept the view stated in the GIACOMMELLI SPORT case that a reference to the field of activity is necessary, as it considers that the meaning of the term "retail services" is clear.
www.ladas.com /BULLETINS/2002/0202Bulletin/EURetailServicesMarks.html   (372 words)

 Trade Marks Newsletter - London Newsletter - December 2001   (Site not responding. Last check: 2007-10-14)
However, OHIM does not accept the view expressed in the Giacomelli case that a reference to the field of activity is a legal necessity.
OHIM will apply the same principles to similar services rendered in connection with other forms of sales activities relating to goods, such as mail order, Internet shopping and wholesale.
However, OHIM has taken the view that, while a "similarity" between goods sold at retail and retail services cannot be denied in the abstract, the risk of confusion is unlikely between retail services and particular good except in specific circumstances when the respective trade marks are identical or almost identical and well-established in the market.
bakernet.com /newsletters/Article.asp?ArticleID=47&EditionID=7&URL=/...   (683 words)

 June 1997 Transporter - Highway Information on the Information Highway   (Site not responding. Last check: 2007-10-14)
The mission of the Office of Highway Information Management (OHIM) is to provide effective highway information, expertise, and resources to continually improve the quality of our Nation's highway system and its intermodal connections, and to support transportation decisionmaking.
In supporting this goal, OHIM has established a web site (cti1.volpe.dot.gov/ohim) to provide resources and data, and other related information on a timely basis to the public and to agencies that supply data to OHIM.
OHIM feels that the web offers the ability to provide timely information that can be used immediately.
www.tfhrc.gov /trnsptr/rttjun97/tr697p10.htm   (216 words)

 Legal Media Group   (Site not responding. Last check: 2007-10-14)
In its October 21 judgment in OHIM v Erpo Möbelwerk GmbH, the ECJ dismissed OHIM’s appeal against a Court of First Instance (CFI) decision which allowed the registration of the slogan Das Prinzip der Bequemlichkeit (the principle of comfort) as a Community trade mark.
In its appeal, OHIM had claimed that in contrast to word and figurative marks, slogan-type marks must include an additional imaginative element to acquire distinctiveness.
OHIM was represented by its agents Alexander von Mühlendahl and Gregor Schneider.
www.legalmediagroup.com /news/print.asp?SID=14794&CH=   (556 words)

 IPKat - fishing for IP stories for YOU   (Site not responding. Last check: 2007-10-14)
The IPKat put in the reasoning part of the OHIM decision in Spa v Cosmetics Ltd, one of the few cases where a successful opposition under Art.8(5) CTMR has been made, but which had been eluding him for months.
While it’s no surprise that they took this approach, which is the same as that taken to judging similarity in confusion cases, thus far the ECJ has not commented on whether particular attention should be paid to the distinctive elements of marks in dilution cases.
In parallel proceedings before OHIM, the Opposition Division’s decision to allow the opposition with respect to the BUDWEISER mark applied for on 1 April 1996 has been annulled and remitted to the Opposition Division on the ground that International Registration 674 530 was only protected in France and Austria from 19 May 1997.
ipkitten.blogspot.com   (6942 words)

 Topical Issues. Intellectual Property. OHIM trade mark consultation service for candidate countries
OHIM trade mark consultation service for candidate countries, June 2003
In 2004 it is envisaged that up to 10 new member states will join the European Union and will become part of the Community Trade Mark system.
Thus, in order to allow rights holders to prepare for the accession of the new Member States in 2004, OHIM has, in cooperation with the offices of the candidate countries, set up an on-line search system which enables users to search the national trade mark databases of each of the candidate countries.
www.tjguk.com /topical/intellectual_property/0603_ohim.html   (175 words)

 The UK Patent Office - Trade Marks - MARK-IT!   (Site not responding. Last check: 2007-10-14)
Alongside these plans, OHIM is gearing up to meet the considerable challenge of an historic enlargement to the Union, with thirteen candidate countries currently being considered for accession to the EC.
The OHIM team have been responsible for some outstanding achievements since the Office was set up in 1994.
We in the UK Office will continue to work closely with the OHIM with the aim of helping improve and develop their services, as well as satisfying the needs of those who use both the National and Community systems.
www.patent.gov.uk /tm/notices/markit/issue2/ohim.htm   (566 words)

 No Title
Three photograph below were taken at OHIM on the Saturday before the formal opening during a reception held by the president of OHIM for AIJA (Association Internationale des Jeunes Avocats) at a seminar on the European Trademark on March 30, 1996.
Ceremony for the opening of OHIM held at the Alicante theatre on April 1, 1996.
OHIM on the Saturday before the historic formal opening of the Office during the occasion an AIJA seminar
www.supnik.com /ohimopen.htm   (458 words)

 European Community Trademark Basics
Since January 1, 1996, the OHIM has been accepting applications and somewhere in the neighborhood of 20 to 25,000 applications were received by the time the office officially opened on April 1, 1996.
OHIM provides a computer program which places the application on electronic media.
A search is conducted by OHIM, however, of marks which have been registered by OHIM or for which an application is pending.
www.supnik.com /ctm.htm   (1245 words)

 WIPO/MA/2004/15: WIPO, EC and OHIM to Host an International Conference on the Accession of the European Community to ...   (Site not responding. Last check: 2007-10-14)
From October 1, 2004, the date on which EC membership to the Madrid Protocol takes effect, trademark owners from member countries of the Madrid Protocol will be able to designate the EC in their application for international trademark registration.
If protection is not refused by the EC’s trademark office, OHIM, protection of the trademark will be effective in all 25 EC member states as if it had been applied for or registered directly with OHIM.
Moreover, in the event that OHIM refuses to grant protection to a trademark that is the subject of an international trademark application under the Madrid Protocol designating the EC, the designation in question can be converted into designations of individual EC member states that are also members of the Madrid system.
www.wipo.int /edocs/prdocs/en/2004/wipo_ma_2004_15.html   (713 words)

 Enlargement of the European Union and OHIM
It will not be open to the owners of automatically extended CTM rights, to prevent the use of trade marks that existed in a new, accession State prior to the accession date.
The enlargement of the European Union will present both OHIM and the owners of CTM rights with a whole new set of problems (or should that be challenges?).
There is no doubt, however, that for trade mark owners with international interests, the advantages of being able to cover twenty five countries and a potential market of 450 million people in a single trade mark application will far outweigh any disadvantages.
www.jenkins-ip.com /mym/spring2003/item_11.htm   (1276 words)

It was agreed among the participants that the system should be that, in these circumstances the professional representative should continue to be in the OHIM list, even if that person is removed from the national list, due to a change of residence.
Nobody was in favour of establishing a code of conduct for the OHIM to be applied by the Office since the latter would create a lot of practical problems.
However, it was decided that OHIM should prepare a paper, indicating which are the problems relating code of conduct that more often happen in the Office.
www.aippi.org /reports/report-ec-duran-profes-repres-10-00.htm   (407 words)

 OHIM Newsletter No 4
OHIM's Newsletter No 4 is out and about
OHIM has also decided to appeal to the ECJ the CFI's decision to register EUROPREMIUM for goods and services in classes 16, 20, 35 and 39.
A very enterprising applicant sought to register the hole in the side of a flower pot as a "position mark".
homepage.mac.com /wrothnie/iblog/C52250296/E98292927   (211 words)

 IPKat - fishing for IP stories for YOU
Yesterday the ECJ gave its judgment in Procter & Gamble v OHIM, considering whether a number of shape and colour configurations of dishwasher tablets were barred from registrability as CTMs for lack of distinctive character under Art.7(1)(b) of the CTM Regulations.
This decision accords with OHIM practice to limit registration of a trade mark to the use of that mark for sale to trade consumers, even where the wider consuming public would regard the mark as descriptive or otherwise non-distinctive: see the Board of Appeal decision in respect of the word mark IDEAL.
The application was refused by the OHIM examiner under Article 7(1)(h) of Regulation 40/94, which prohibits the registration of marks which consist of important state symbols or imitations of them from a heraldic point of view.
ipkitten.blogspot.com /2004_04_01_ipkitten_archive.html   (10034 words)

 OHIM Releases Highway Funding Bulletin
With the expiration of the current Federal Intermodal Surface Transportation Efficiency Act (ISTEA) at the end of Federal Fiscal Year 1997 (September 30, 1997), Congress and transportation officials at Federal, State, and local levels have begun to focus their attention on future Federal apportionment formulas.
These seminars were provided for the benefit of State data preparers who furnish financial and other information to FHWA for use in our annual Highway Statistics publication.
The electronic version at the Office of Highway Information Management (OHIM) Home Site will have these national tables in portable document format (.pdf) and will have hot-links to the State-by-State or extensive archival data for downloading.
www.fhwa.dot.gov /ohim/jun97.html   (2661 words)

 OHIM Nonplussed   (Site not responding. Last check: 2007-10-14)
Laudatory terms "ultra" and "plus" may be registered as a trademark if they are not used in connection with adjectives or nouns relating to the characteristics of the goods, and if they are part of a syntactically unusual combination.
The judgement of the Court of First Instance in case T-360/00 has annulled the decision of the Board of Appeal of the Office for Harmonization in the Internal Market (OHIM) to refuse the application to register the term UltraPlus as a trademark for plastic ovenware.
On 9 October 2002, the Court ruled that OHIM erroneously applied Community Trademark law barring registration for trademarks with no distinctive character or consisting exclusively of indications that designate the quality of the goods.
www.sib.it /engsib/novita/tm/141002.htm   (293 words)

 OHIM's Suspension of Seniority Examination for CTM Applications   (Site not responding. Last check: 2007-10-14)
OHIM's Suspension of Seniority Examination for CTM Applications
The Office for Harmonisation in the Internal Market (OHIM, hereinafter the Office) issued on 4 November 1998 a circular letter addressed to international non-governmental organisations explaining its decision to extend its suspension of seniority examination of Community Trademark (hereinafter CTM) applications.
The decision announced in the letter was later published in the "Communication No. 6/98 of the President of the Office of 14 November 1998 concerning the examination of seniority claims".
www.sib.it /engsib/novita/tm/211298.htm   (431 words)

 INTA/OHIM Community Trade Marks and Community Designs Forum - October 2004   (Site not responding. Last check: 2007-10-14)
A hypothetical situation involving trademark counsel and an OHIM Cancellation Division representative will illustrate the workings of the oppositions and invalidity process, including settlement negotiations.
Learn how the courts have interpreted the law and what impact on practice the decisions are likely to have.
OHIM’s perspective on these decisions and view on how they will affect Office practice will also be included.
www.inta.org /forums/2004/ctmcd/day1.html   (339 words)

 Two ECJ Judgements Confirm OHIM's Interpretation of Rules on Lack of Distinctiveness   (Site not responding. Last check: 2007-10-14)
Both cases regarded appeals against decisions of the Office for Harmonization in the Internal Market (OHIM), and subsequently of the OHIM's Boards of Appeal, to refuse registration for lack of distinctiveness according to Article 7 (1) (b) of the Community Trademark Regulation (CTM Regulation).
The applicant claimed that the mark had already been registered in the USA, and that a trademark can be declared void of distinctiveness only if the various absolute grounds for refusal provided for in Article 7 (1) (b), (c) and (d) of the CTM Regulation all apply in conjunction with each other.
As for the applicant's claim regarding application of Article 7 of the CTM Regulation, the Court confirmed that each of the absolute grounds for refusal mentioned by that Article has its own sphere of application, and that those grounds are neither interdependent nor mutually exclusive.
www.sib.it /engsib/novita/tm/061100.htm   (476 words)

 Ing. Roberto Dini - Patent and Trademark Attorney, OHIM Trademark Attorney
Patent and Trademark Attorney - European Patent and Trademark Attorney - OHIM Trademark Attorney
Roberto Dini is one of the most known and appreciated consultant in the field of Intellectual Property in Italy and Europe.
He is assisted in its daily activity of supporting and enforcing patent and trademark rights by a network of primary international legal and I.P. counsels, with whom he has a close and long-standing relationship.
www.dini.it   (251 words)

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