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AG examination: Newspapers Advanced
This short course will help you understand how an application for the name of a newspaper is examined based on Absolute Grounds for refusal. If you are an examiner, you will be able to assess marks under this category in compliance with the regulations and to draft well-founded objection letters for this type of trade mark. If you are a trade mark applicant or legal representative, you will be a...
Absolute Grounds Examination: General principles Advanced
The examination based Absolute Grounds (AG) for refusal is one of the steps that a trade mark application must go through to be registered as an EU trade mark.With this introduction course you will become familiar with the basics of AG examination, including the registration process of an EU trade mark and the general principles governing AG examination. If you are starting your career as tra...
Registrability of slogans at the EUIPO Advanced
About our podcasts.Embrace a new way of accessing intellectual property knowledge. Put on your headset, relax and learn differently with our Podcasts, designed by highly qualified IP experts. ‘Just listen’ – focus on your audio experience and we provide extra written material to help you remember what you have learnt. ‘Take it easy’ – choose the language you are most confiden...
Understanding the EUIPO’s practice regarding deceptive trade marks and its position on EU labelling rules: the case of plant-based food substitutes Intermediate
This webinar will review the EUIPO’s practice regarding deceptive trade marks in line with Article 7(1)(g) EUTMR. It will highlight the changes introduced in the 2023 edition of the EUIPO’s examination guidelines for EU trade marks and discuss the role of EU labelling rules in EUIPO practice. The topics will be illustrated with examples of applications linked to the booming market for plant-...
Public policy and morality in trade marks: Gauging badness Advanced
Trade marks that shock are attractive to business, particularly when targeting a younger public. Yet that attractiveness can be antagonistic to the EUIPO’s task of preventing trade mark registration of signs that offend societal norms, principles and values. So just how reprehensible can a sign be before it will be denied registration at the EUIPO? With on-going efforts for convergence in...
The relevant Consumer and Trademarks 5-2-2016 (Basic level) Basic
Based on extensive case law, the presentation illustrates how the notion of 'the relevant consumer' is interpreted by the Boards of Appeal and the Courts. Speaker: Cristina BERCIAL (Casalonga & Associés)
Non use excuse, recent case law (Intermediate level) Intermediate
Presentation of the notion of 'non use' in (proof of use) opposition proceedings and of some important case law in the area. Speaker: Alexandra KUSTUROVIC - EUIPO - Boards of Appeal
Defending famous brands 5-5-2016 (Advanced level) Advanced
The panel deals with protection of famous brands from the detriment caused by the use of later signs. In particular proving reputation of the earlier mark and the requirements for claiming dilution and tarnishment are analysed through the most relevant case law. Speakers: Panel leader - Professor Hugh Hansen, Director, Fordham Intellectual Property Law InstituteMr Arne Führer, Regional Justice ...
Arguing national law 6-5-2016 (Advanced level) Advanced
The challenge of relying on foreign law in the context of Article 8(4) EUTMR and the role of national judgements in the context or recent case law of the Court of Justice of the European Union are analysed. Claiming personality rights and copyright before EUIPO´s Boards of Appeal and the CJEU is also reviewed. Speakers: Panel leader – His Honour Michael Fysh, QC, SC, former Judge at the Pate...
Dealing with weak brands (Advanced level) Advanced
The assesments of weak trade marks is the central topic of this panel. Defining dominant and distinctive elements and the impact of weak or non-distinctive elements in the assessment of likelihood of confusion are analysed. Aditionally a corporate perspective on weak marks is also offered. Speakers: Panel leader – Judge Savvas S. Papasavvas, President of the 3rd Chamber, General Court of the E...
Admissibility and substantiation of opposition based on article 8(4) EUTMR (Advanced level) Advanced
Reasons and tips on admissibility and substantiation of opposition before the boards in relation to article 8(4) EUTMR Speaker: Stefan MARTIN - EUIPO - Boards of Appeal
Opposition based on article 8(3) EUTMR (Advanced level) Advanced
Article 8(3) EUTMR allows the proprietor of a mark to prevent the unauthorised filing of its mark by its agent ot representative. The presentation explains the origin, purpose and nature of the article; the conditions that need to be fulfilled in order to base an Opposition on this ground and also the possible defences for the EUTM Applicant. Speaker: José Antonio GARRIDO - EUIPO - Op...
Comparison of signs (Advanced level) Advanced
Presentation on the methodology and the criteria that are applied in the process of comparison of signs including an analysis of the methodological problems that the decision makers face with when doing the comparison. Speaker: Detlef SCHENNEN - EUIPO - Boards of Appeal
Trade mark dilution (Advanced level) Advanced
The presentation provides an overview of the foundations of dilution in EU law and an analysis of the basic concept of dilution with special focus on two areas of pratcical difficultuy: the concepts of Uniqueness and Change in the economic behaviour of consumers. Speaker: Simon Malynicz QC, Three New Square Intellectual Property, London
Limits of trade marks: Parody 31-1-2017 (Basic Level) Basic
The presentation analyses the use of parody in relation to trade marks with reputation under article 8 (5) EUTMR. How to prove reputation of a trade mark and the balance between the protection of intellectual property rights and the freedom of speech is also assessed through the relevant case law.Speaker: Stefan MARTIN - EUIPO - Boards of Appeal
CP5 - Relative Grounds Likelihood of Confusion (Impact of non-distinctive/weak components) (Advanced level) Advanced
The presentation provides an insight in the latest case law from some of the participating IP Offices resulting from the implementation of the Common Practice. Speaker: Janka BUDOVICOVA - Seconded National Expert - EUIPO - International Cooperation and Legal Affairs DepartmentMaría del Mar BALDARES - EUIPO - International Cooperation and Legal Affairs DepartmentSophia BONNE - EUIPO - I...
Webinar: Consumers’ Perception of Trade mark Similarity: an empirical study (Intermediate level) Intermediate
The presentation provides an in-depth look at the indispensability for efficient determination of the trademark characteristics, based on qualitative and quantitative scientific approach. Speaker: Prof. Goce NAUMOVSKI - Iustinianus Primus Faculty of Law, Skopje
Webinar: The Use of a trademark in a form different than the registration (Advanced level) Advanced
An interesting analysis of the requirement of establishing a ‘genuine use’. The speaker treats the use of the mark in a different form than registered. Finally, study the recent case law on Article 18 (1) (a) EUTMR. Speakers: Luca RAMPINI - EUIPO - International Cooperation and Legal Affairs Department
Webinar: Understanding the strategies taken in relative grounds decisions (Intermediate level) (with Certificate) Intermediate
Drafting a good decision in relative grounds involves not only thoroughly studying and preparing the case but also choosing the most efficient way of dealing with the file. Deciding on the strategy before starting drafting a decision is of utmost importance because it helps the decision takers to concentrate on the necessary arguments and to write a correct and complete decision without entering i...
Webinar: Pharmaceutical trade marks in opposition proceedings (Advanced) (with Certificate) Advanced
Webinar about the role of the Free Trade Zones in the counterfeit trade with some practical and detailed examples. Speaker: Dr. David. E.F. SLOPEK - Slopek Vonau Rechtsanwälte PartG mbB, Hamburg
Webinar: EUIPO e-forms (Intermediate level) Intermediate
The speaker analyse the web application EUIPO e-forms with some practical tips to register applications for a declaration of invalidity of an EUTM / IR. The audience of the webinar can follow step by step all the process, with clear examples about how to do it. Speaker: Mané STEPANIAN – EUIPO - Customer Services Department