Fair use –Article 14 EUTMR (1) An EU trade mark shall not entitle the proprietor to prohibit a third party from using, in the course of trade: (a) the name or address of the third party, where that third party is a natural person; (b) signs or indications which are not distinctive or which concern the kind,

EUTMR and 10(2) of the new TMD provide that the enforcement of rights conferred by a registered trade mark should be without prejudice to rights acquired prior to the filing or priority date of the trade mark. This is to ensure legal certainty and full consistency with the principle of priority,

2 Article 125(5) is a rule on special jurisdiction that allows a defendant to be sued in Article 7(1)(e) EUTMR and Article 4(1)(e) EUTMD AND ICT LAW Promotor: Prof. Dr. Marie-Christine Janssens Word Count: 16,417 Master’s thesis, submitted by Richard Menzies as part of the final examination for the degree of MASTER OF INTELLECTUAL PROPERTY M AS TE R OF IN-TE Article 18(1) EUTMR Trade marks must be used in the form they are registered [S]hall also constitute use … use of the EU trade mark [and by analogy also of national trade mark], in a form differing in elements which do not alter the distinctive character of the mark in the form in which it was registered, 1. ARTICLE 8(4) EUTMR 2. PURPOSE AND SUBJECT MATTER OF THE PROVISION 3. REQUIREMENTS for application: 3.1.

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7 (declaring a sign’s inability to serve as a trademark if it is “devoid of any dis- IdenticalIdentical (None needed) [EUTMR 8(1)(a)]* IdenticalSimilar Likelihood of confusion, including likelihood of association, on the part of the public [EUTMR 8(1)(b)]* Similar Identical Similar Similar *“Earlier TM” includes well-known mark under Art. 6bis Paris [EUTMR 8(2)(c)] Covers registered and unregistered well-known marks Article 8(1) EUTMR, the scope of protection of the earlier right invoked follows from national law. If for example, the applicable national law grants protection to unregistered marks also for dissimilar goods and services under certain conditions, the same protection will be granted under Article 8(4) EUTMR. I. Introduction. On 5 September 2019, the Court of Justice of the European Union (CJEU) delivered its judgment in AMS Neve and others (C-172/18) 1 concerning the interpretation of the rule on international jurisdiction in what is now Art. 125(5) of current European Union (EU) Trade Mark Regulation (EUTMR). 2 Article 125(5) is a rule on special jurisdiction that allows a defendant to be sued in OPPOSITION DIVISION OPPOSITION No B 2 767 732 Gap (ITM) Inc., 2 Folsom Street, 94105 San Francisco, United States of America (opponent), represented by NautaDutilh, Chaussée de la Hulpe, 120, 1000 Bruxelles, Belgium (professional representative) a g a i n s t STMicroelectronics International N.V., Schiphol Boulevard 265, 1118 BH Schiphol, I (Legislative acts) REGUL ATIONS REGUL ATION (EU) 2017/1001 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 June 2017 on the European Union trade mark In accordance with Article 123 EUTMR and Article 80 CDR, Member States shall designate national courts and tribunals which shall perform the functions assigned to them by the Regulations. The names of the EU trade mark courts and Community design courts are communicated by the Member State to the Commission and are published in the Official Journal of the European Union. (EUTMR) and the Community Design Regulation (CDR).

not vague or overly broad.

Pursuant to the. European Union Trade Mark Regulation 207/2009 (the. EUTMR) art.4,1 a trade mark must be clearly defined and. “may consist of any signs 

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7 See EUTMR, supra note 3, art. 6. 8 See id. arts. 15 (1), 51 )(a) (requiring genuine use within five years of registration but in fact allowing a mark to be maintained without use unless someone applies to have it revoked). 9 See id. art. 4. 10 See id. art. 7 (declaring a sign’s inability to serve as a trademark if it is “devoid of any dis-

In fact, the low density of the available English language literature is in striking contrast to the commercial impor-tance of the European Trade Mark and the Community Design. The present Commen-tary and the parallel work on the CDR aim to make a contribution to filling this gap. In accordance with Article 123 EUTMR and Article 80 CDR, Member States shall designate national courts and tribunals which shall perform the functions assigned to them by the Regulations.The names of the EU trade mark courts and Community design courts are communicated by the Member State to the Commission and are published in the Official Journal of the European Union.

K&L Gates practices fully integrated offices located in the United States, Asia, Australia, Europe, the Middle East and South America and represents leading global corporations, growth and middle-market companies, capital markets participants and entrepreneurs Article 7(1)(e) EUTMR and Article 4(1)(e) EUTMD AND ICT LAW Promotor: Prof. Dr. Marie-Christine Janssens Word Count: 16,417 Master’s thesis, submitted by Richard Menzies as part of the final examination for the degree of MASTER OF INTELLECTUAL PROPERTY M AS TE R OF IN-TE According to Article 47(2) of the EUTMR the opponent ‘shallfurnish proof that […] the earlier EUTM has been put to genuine use in the Union …’. Furthermore, Article 47(3) of the EUTMR provides that ‘paragraph 2 shall apply […] by substituting use in the Member State in which the earlier national trade mark is protected for use in 2015-02-17 Section 3 Unauthorised filing by agents of the TM proprietor (Article 8(3) EUTMR) Section 4 Rights under Article 8(4) and 8(6) EUTMR. Section 5 Trade marks with reputation (Article 8(5) EUTMR) Section 6 Proof of use.
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6 Article 18 EUTMR (1) If, within a period of five years following registration, the proprietor has not put the EU trade mark to genuine use in the Union in connection with the goods or services in respect of which it is registered, or if such use has been suspended during an uninterrupted 7(1)(e)(ii) of the EU Trade Mark Regulation (“EUTMR”), which prohibits the registration of “the shape, or another characteristic, of goods which is necessary to achieve a technical result.” Despite its importance, there is little written about the situations in which a sign will be considered necessary to achieve a technical result, and Pursuant to Art. 7(1)(b)–(d) EUTMR, registration is excluded in the case of trade marks which are: (1) devoid of any distinctive character (Art. 7(1)(b) EUTMR); (2) consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods or of rendering of the service Communication of the President concerning the implementation of Article 28 EUTMR [3] Suggestion for text Amend sub-paragraph 3 of paragraph 1 as follows: In accordance with Article 28(5) EUTMR, the use of class headings and other general terms will be interpreted as including all the goods or services clearly d > k& ked ed^ ^kz z wh >/ _ e dkz >/dz ^ z dk k d /e/e' /ed >> dh > wzkw zdz z/',d^ x x x / ^dz d x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x Guide on Article 14 of the Convention (prohibition of discrimination) and on Article 1 of Protocol No. 12 (general prohibition of discrimination) By an external project team of Lead Contractor: European Forest Institute (EFI) Torikatu 34, FI-80100 Joensuu, Finland Subcontractors: University of Padua Sometimes the need arises to change a photo or image file saved in the .jpg format to the PDF digital document format. With the right software, this conversion can be made quickly and easily. PDF is a hugely popular format for documents simply because it is independent of the hardware or application used to create that file. This means it can be viewed across multiple devices, regardless of the underlying operating system.

2.2 Secondary legislation The second source of changes arises from the fact that the EUTMR provides for COMMISSION IMPLEMENTING REGUL ATION (EU) 2018/626 of 5 March 2018 laying down detailed r ules for implementing cer tain provisions of Regulation (EU) 2017/1001 of (2) Mit der Verordnung (EG) Nr. 40/94 des Rates (4), die im Jahr 2009 als Verordnung (EG) Nr. 207/2009 kodifiziert wurde, wurde ein spezifisches Markenrechtsschutzsystem für die Union geschaffen, das parallel zu dem auf mitgliedstaatlicher Ebene verfügbaren Markenschutz gemäß den nationalen Markensystemen, die durch die Richtlinie 89/104/EWG des Rates (5) — kodifiziert als Richtlinie likelihood of confusion (Article 8(1)(b) EUTMR) Other functions: guarantee the quality of the goods and services, advertising function, investment function, particular image (such as exclusivity, lifestyle), etc. These functions are protected under Article 8(5) EUTMR, EUTMR and 10(2) of the new TMD provide that the enforcement of rights conferred by a registered trade mark should be without prejudice to rights acquired prior to the filing or priority date of the trade mark.
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COMMISSION IMPLEMENTING REGUL ATION (EU) 2018/626 of 5 March 2018 laying down detailed r ules for implementing cer tain provisions of Regulation (EU) 2017/1001 of

Grounds for refusal: Article 7(1)(b)EUTMR • ‘sound that one hears when opening cans of effervescent drinks (which will be associated also in case of non-carbonated drinks)’ BoA Decision of 24.07.2019: REFUSAL CONFIRMED • ‘non-distinctive: it does not deviate significantly from the sound normally CANCELLATION DIVISION CANCELLATION No 34 124 C (INVALIDITY) Interstyle B.V., Breedstraat 7, 3512 TS Utrecht, The Netherlands (applicant), represented by Robert Sampat, Enny Vredelaan 299, 3484 ZK Utrecht, The Netherlands and Leentje Marianne Splinter, Jan Huijgenstraat 3, Haarlem, 2012 VC, TheNetherlands (professional representatives) a g a i n s t 7(1)(e)(ii) of the EU Trade Mark Regulation (“EUTMR”), which prohibits the registration of “the shape, or another characteristic, of goods which is necessary to achieve a technical result.” Despite its importance, there is little written about the situations in which a sign will be considered necessary to achieve a technical result, and 2019-11-11 Art. 8 (1) EUTMR Identity of the signs Cumulative • Upon opposition by the proprietor of an earlier trade mark, the trade mark applied for shall not be registered: • (a) if it is identical with the earlier trade mark and the goods or services for which registration is applied for are identical with the goods or services for which the earlier trade mark is protected; Article 18 EUTMR (1) If, within a period of five years following registration, the proprietor has not put the EU trade mark to genuine use in the Union in connection with the goods or services in respect of which it is registered, or if such use has been suspended during an uninterrupted EUTMR to international registrations designating the EU”. In fact, Art. 154 does not appear to make specific mention of Art. 28(8) at all – in particular it does not state that Art. 28(8) is not to apply to IR’s designating the EU. Moreover Article 145 EUTMR makes it … EUTMR by deciding amongst themselves that the court of another Member State shall have exclusive jurisdiction to determine the dispute concerning the EUTM in question. Otherwise, Article 122(2)(c) EUTMR provides that the rules under the Brussels Regulation, which are applicable to persons domiciled in an EU Member State, shall also apply WIPO - World Intellectual Property Organization Forthcoming in Journal of Intellectual Property Law & Practice 3 relating to distinctiveness (currently Article 7(1)(b) EUTMR/4(1)(b) EUTMD) and descriptiveness (now Article 7(1)(c) EUTMR/4(1)(b) EUTMD).9 In 2015, the EU legislature amended the EU trade mark system and adopted both a new Regulation10 and a new Directive. PDF generated on 16 Apr 2021, 09:31 PM Document Actions Share with others.

EUTMR 139 – Request for the application of national procedure . EUTMR 140 – Submission, publication and transmission of the request for conversion . EUTMR 141 – Formal requirements for conversion The Trade Marks Act 1994 (UKTMA)

According to Article 109(1) EUTMR, the losing party in opposition proceedings must bear the fees and costs incurred by the other party. Since the opponent is the losing party, it must bear the costs incurred by the applicant in the course of these proceedings. According to Article 109(7) EUTMR and Article 18(1)(c)(i) EUTMIR (former Rule 94(3) PDF generated on 16 Apr 2021, 09:31 PM Document Actions Share with others.

23 May 2019 Article 64 (4) EUTMR on invalidity proceedings. „The Office may, if it thinks fit, invite the parties to make a friendly settlement“. EUIPO Mediation  1 Apr 2019 grounds of the opposition were those laid down in Articles 8(1)(b), (5) EUTMR. Reputation was claimed in all Member States of the EU. 19 Apr 2018 3.2 Time of request.