Journal of Intellectual Property Law & Practice - current issue

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OHIM and national trade mark offices introduce common practice on the interpretation of black and white trade marks

Fri, 10/17/2014 - 10:55

The Common Practice is a uniform approach adopted by the Office for Harmonisation in the Internal Market (OHIM) and national trade mark offices to the issue of when a black and white (or greyscale) mark should be considered identical to another mark in respect of priority claims and in trade mark oppositions. The Common Practice also addresses when a mark registered in black and white but used in colour can be said to have been put to genuine use.

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Don't touch my Ferrari! Unofficial fan clubs may infringe trade marks of their favourite sport teams

Fri, 10/17/2014 - 10:55

The Italian Court of Cassation has ruled that a trade mark owner acquiesces in the use of his mark by a third party when he tolerates for five years such use and the third party registers that mark; accordingly, an unofficial fan club of a sport team that uses the mark of that team in the course of an economic activity, in which the trade mark owner did not acquiesce, might infringe that trade mark.

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Inclarity and trade mark invalidity: IP translator considered

Fri, 10/17/2014 - 10:55

The High Court has found that insufficient clarity of specification terms can be a ground of invalidity for trade mark registrations; that ‘telecommunications services’ properly encompass broadcasting services; and that in assessing intention to use invalidation, the customer experience is a consideration to be borne in mind.

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