Practice changes implemented at proceedings level at the Boards of Appeal (Intermediate level) Intermediate
The webinar explains the effect on the Registry of the Boards of Appeal resulting from the entry into force of the new EUTMR and the change of practice of the Boards of Appeal.Speaker: Julian FALZON - EUIPO - Boards of Appeal
Fiduciary relationships imply acting in utmost good faith and not allowing any conflict of personal interest. Such relationships, underlying commercial or entrepreneurial cooperation agreements, give rise to a duty of trust and loyalty. This notion is pertinent to the question of bad faith, an absolute ground for invalidity found in cancellation proceedings (Article 52(1)(b) EUTMR).Speaker: V...
The presentation provides a general introduction on pharmaceutical trade marks; an overview of the specific challenges of the pharmaceutical industry such as: crowded registers, high number of conflicts and lack of harmonization between the trade mark offices and the regulatory bodies for market authorization; and the filing strategies developed to meet successfully these challenges.Speaker: ...
This presentation explains the use of due cause as a defence for the EUTM applicant in article 8(5) EUTMR proceedings. The types of cases when due cause is invoked are analysed through the most relevant case law on the topic. Speaker: Dr. Andreas RENCK - Partner, Hogan Lovells, Alicante
IP Expresso: Litigation before the General Court from a practitioner's perspective (Intermediate level) Intermediate
This IP Expresso provides an overview of the GC and CJEU procedure in IP Matters from practitioners point of view. Besides the general observations about the proceedings before the General Court, this webinar covers issues such as: Entitlement to bring an actionFormal requirements that need to be fulfilledPlease in law and position of the EUIPO in the proceedingSpeakers: Dr. I...
The Role of the Boards of Appeal in building Effective Dispute Resolution 5-5-2016 (Advanced level) Advanced
The panel deals with the powers and competences of Boards of Appeal, the scope of the appeal proceedings and the concept of functual continuity.
Clear and precise list of products and services is of paramount importance for the definition of adequate scope of protection for the EUTM. The presentation explains the most important aspects to have in consideration when creating the list of goods and servicies using the Harmonised Database and TMclass.Speaker: Mona JARMER - Consultant, ETMDN Customer Services Department
Repetitive filing (Intermediate level) Intermediate
The concept of repetitive filings, not defined in the EUTM Regulation, is analysed through the most relevant case law. Other applicable principles such as: res judicata, bad faith and the principle of sound administration related to the repetitive filing cases are also explained.Speaker: Virginia MELGAR - EUIPO - Boards of Appeal
Designview (English Language) (Intermediate level) Intermediate
Presentation of the design search tool based on the data of the registers of the participating offices, the WIPO and the EUIPO. Designview is a centralized access point to view the registered design information held by any of the participating National Offices, in a unique presentation format, independently of which office the data is coming from.Speakers:Carolina JIMENEZ ROY - Consultant ETMDN Cu...
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 Co...
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 Patent...
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 Eur...
This presentation explains how the restrictions in the list of goods and servicies contained in an EUTM application work and especially the effect of the restriction on the opposition proceedings. The withdrawal of opposition following a restriction and the restriction deficency flow are also analysed. Speaker: Claudia SCHLIE - EUIPO - Operations Department
Practical demonstration of the functioning of the Similarity common tool. The presentation explains how the maintenance of the database is done by filling it in with new similarity pairs and updating the already existing ones.Speaker: Magnus JAENSSON - ETMDN Customer Services Department
Alerts are service provided to the EUIPO website users. This webinar explains how to use them, the possibilities they offer and the main differences between calendar alerts on one side and watch and monitor alerts, as a subgroups of the trademarks and designs alerts on the other. Speaker: Pablo CORTÉS CARRANZA - Consultant, ETMDN Customer Services Department
Infringement of protected Geographical Indications for wine, spirits, agricultural products and foodstuffs in the European Union (Intermediate level) Intermediate
The main objective of this study is to assess the size and value of the EU GI product market and the proportion of products in that market that infringe GIs protected in the EU. The impact of these infringements on EU consumers is also estimated. Speaker: Nathan WAJSMAN - EUIPO - Observatory Department
eSearch Plus including NEW app (Intermediate level) Intermediate
The webinar presents the new eSearch Plus App for tablets and smartphones and provides an analysis of the main features in each version.Speaker: Pablo CORTÉS CARRANZA - Consultant, ETMDN Customer Services Department
The aim of this independent research is to provide an overview of different infringing business models, assessing how they function, how they are financed, how they generate profits for their operators, what kinds of content they disseminate and how large their user bases are. Speaker: Erling VESTERGAARD - EUIPO - Seconded National Expert, Observatory Department
Registering a geographical indication as an EU trade mark - passing the test of absolute grounds for refusal (Advanced level) Advanced
The presentation provides introduction in the legal framework and scope of protection for Geograhical Indications, and their relation with the process for registration of EU trade marks. Passing the test of absolute grounds for refusal is analysed throug the relevant case law. Speaker: Christoph BARTOS - EUIPO - Boards of Appeal
Similarity (German language) (Intermediate level) Intermediate
Similarity is a search tool which can be used in order to assess whether given Goods and Services are considered similar, and to what degree, or dissimilar according to the Participating IP Offices. This presentation explains the main functionalities of the tool through practical examples.Speaker: Iris DE GROODT - EUIPO - Customer Services Department
The webinar describes the functionalities of the eSearch Plus tool, created for searching of figurative trade marks, through practical examples of both basic and advanced searches. Tips for optimisation of the search results are also provided.Speaker: Pablo CORTÉS CARRANZA - Consultant, ETMDN Customer Services Department