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Journal of Intellectual Property Law & Practice - current issue
Journal of Intellectual Property Law & Practice - RSS feed of current issue
Updated: 8 hours 37 min ago
OHIM and national trade mark offices introduce common practice on the interpretation of black and white trade marks
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.
Don't touch my Ferrari! Unofficial fan clubs may infringe trade marks of their favourite sport teams
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.
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.