1. Trade mark at issue: Community figurative mark (Representation of a polygon) — Community trade mark No 2 255 537

2. Responding Adeptly to Brazil’s trade mark system

3. Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Descriptive character of a sign

4. Applicant of the trade mark at issue: Applicant

5. Applicant for the Community trade mark: Alkar Automotive SA

6. B2b Bank is a trade-mark used under license.

7. The first trade-mark, 332, was granted in 1791.

8. Cotters’ trade mark attorneys offer experienced services for developing and protecting strong trade mark portfolios for brand names, logos and other elements of branding

9. Accordingly, OHIM shall accept, pursuant to Article 5(1) of the Community Trade Mark Regulation, trade mark applications from nationals of the Principality of Andorra.

10. Abaka is a registered trade mark of Abaka Holdings Ltd

11. Proprietor of the trade mark at issue: Miroglio Fashion Srl

12. Accord Mortgages is a registered Trade Mark of Accord Mortgages Limited

13. Avenge® +FLY is a registered trade mark of the Bayer Group

14. Proprietor of the trade mark at issue: Applicant before the General Court

15. 1. Where, in a Member State, the proprietor of an earlier trade mark as referred to in Article 5(2) or Article 5(3)(a) has acquiesced, for a period of five successive years, in the use of a later trade mark registered in that Member State while being aware of such use, that proprietor shall no longer be entitled on the basis of the earlier trade mark to apply for a declaration that the later trade mark is invalid in respect of the goods or services for which the later trade mark has been used, unless registration of the later trade mark was applied for in bad faith.

16. Trade mark at issue: Community word mark ‘AlGo’ — Registration No 10 096 337

17. An application for an EU trade mark shall be filed at the Office.

18. (Community trade mark - Application for a Community figurative trade mark representing a green convex square - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009)

19. Community trade mark – Application for a Community figurative trade mark representing a green convex square – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009

20. Fees under the responsibility of Trade-marks Branch PART IV - TRADE-MARK AGENTS Item:

21. Those cooperation activities should be beneficial for undertakings using trade mark systems in Europe.

22. Coquettishly Adorned is Trade Marked and all my items fall under that Trade Mark

23. - The name or trade name or trade mark and the address of the manufacturer;

24. Affordability Fund™ is a trade-mark of Affordability Fund Trust, used under license

25. (Community trade mark - Application for a three-dimensional Community trade mark - Paint filter partly coloured yellow - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)

26. (52) Even though the manufacturers of USB sticks may seek protection for the aesthetic element, without including the connection part in the image in the trade mark application, the trade mark will be less effective, since the consumer might not recognise it as being part of a USB key, thereby reducing the manufacturer’s interest in obtaining a trade mark.

27. In addition, one of the four invoices concerned post-dates the Community trade mark application.

28. Community trade mark concerned: The word mark ANEW ALTERNATIVE for goods in class #- application No

29. Amazeballs™ is a trade-mark exclusively owned and/or registered by Vtile Enterprises Inc.

30. It may also be accepted that the trade mark offers no absolute guarantee of origin.

31. Paragraph 3 has also been aligned with Article 1 of the Community Trade Mark Regulation.

32. - Paragraph 1 has been aligned with Article 49(2) of the Community Trade Mark Regulation.

33. (i) its name, trade name or trade mark, address, model reference and year of manufacture;

34. Trade mark at issue: EU word mark ‘MASTER PRECISE’ — Application for registration No 11 567 203

35. Rule 22 listed catalogues and advertisements as admissible evidence to establish use of a trade mark.

36. Assignment will function in practice as an alternative remedy to invalidating a trade mark (Article 20).

37. 87 000 Community trade mark applications and 77 000 Community design applications were filed during 2008.

38. The trade mark therefore had to be refused on the basis of absolute grounds for refusal10.

39. Trade mark at issue: European Union word mark ‘MEMORAME’ – Application for registration No 12 929 071

40. Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

41. the name and address of the proprietor of the Community trade mark in accordance with Rule # (b

42. (18) - See for example Gielen, `Harmonisation of Trade Mark Law in Europe' [1992] 8 EIPR at p.

43. Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

44. Applicant for the trade mark at issue: Other party to the proceedings before the Board of Appeal

45. (Community trade mark - Application for a declaration of invalidity - Withdrawal of that application - No need to adjudicate)

46. Likewise, many types of intangible personal property, such as a patent or trade mark , are Alienable forms

47. Trade mark at issue: Community word mark ‘Limbic® Map’ — Application for registration No 12 316 411

48. (Community trade mark - Invalidity proceedings - Figurative Community trade mark MEMBER OF €e euro experts - Absolute ground for refusal - Symbols of the European Union and its spheres of activity - Euro symbol - Article 7(1)(i) of Regulation (EC) No 207/2009)

49. The same fee will be charged for a patent agent exam as for a trade-mark agent exam.

50. the name and address of the proprietor of the trade mark in accordance with Rule 1(1)(b);

51. In addition, the national trade mark GS Merilin was registered in the Czech Republic on 29 October 2003.

52. The same applies with regard to the ampersand that separates the two elements of the contested trade mark.

53. grant registration of the mark or alternatively refer the trade mark application back to OHIM for further consideration;

54. – fails to state on the additional label that the trade mark in question belongs to the proprietor, or

55. fails to state on the additional label that the trade mark in question belongs to the proprietor, or

56. The supplier’s name or trade mark and model identifier shall fit in a space of 86 × 12 mm.

57. Request for an increase in the number of judges at the Court of First Instance (trade mark cases)

58. - align and enforce trade mark, copyright and neighbouring rights legislation; reinforce administrative capacity especially by strengthening border controls.

59. The Commission's attitude towards the problem of the exhaustion of trade mark rights and the admissibility of parallel import.

60. The Commission's attitude towards the problem of the exhaustion of trade mark rights and the admissibility of parallel imports.

61. Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 20, 24-25)

62. Rejection of the Community trade mark application for classes 35 and 41 and admission of the application for class 42.

63. That sign was registered as a trade mark both for vehicles and for replacement parts and accessories, including wheel covers.

64. - intellectual and industrial property rights: align and enforce industrial property rights and trade mark legislation, including the fight against piracy,

65. The second paragraph of Article 116 (Invalidity Divisions) has been aligned with Article 129 of the Community Trade Mark Regulation.

66. 8 Secondly, with regard to the descriptiveness, within the meaning of Article 7(1)(c) of Regulation No 207/2009, of the trade mark applied for, the Board of Appeal first of all pointed out that it was clear from the documents produced by the applicants that that trade mark comprised an English word designating a bidimensional allotrope of carbon, and that the relevant English-speaking public would perceive the trade mark as the name of a specific material.

67. Trade mark at issue: Application for an EU position mark (Shape of red shoelace aglets) — Application for registration No 15 152 606

68. In addition, the Board of Appeal held that the intervener’s trade mark had been promoted by advertisements in newspapers and telephone directories.

69. On 22 December 2006, the applicant, Aloe Vera of America, Inc., filed an application for registration of a Community trade mark with the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) pursuant to Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1), as amended (replaced by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)).

70. Paragraph # shall cease to apply if the proprietor of the earlier right has acquiesced in the use of the Community trade mark in the territory where his right is protected for a period of five successive years, being aware of such use, unless the Community trade mark was applied for in bad faith

71. 64 Those conclusions are not weakened by the various arguments raised by the applicant on the basis of ‘adverse possession under trade mark law’.

72. In any event, acquiescence by a trade mark proprietor in the use of a name similar or identical to his trade mark might well, depending on the circumstances, be sufficient to constitute consent within the meaning of Article 5(1), and thus remove the use from the scope of the prohibition by another route.

73. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 30, 55-57)

74. Whether an adjective is descriptive in terms of trade mark law depends on its meaning and on the goods and services covered by the mark.

75. • 12/06/08 - O2 cannot rely on its trade mark rights to prevent the use of a similar sign in a comparative advertisement for Hutchison 3G

76. ((Community trade mark - Application for the Community word mark MIGHTY BRIGHT - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))

77. Community trade mark concerned: Other mark relating to shoes with laces at the end of which are red aglets, for goods in Class 25 — Application No 9 130 361

78. This leads the Board to the opposite conclusion to that put forward by the respondent, namely that its trade mark does not lend itself to being abbreviated to ‘Torelli’, since the meaning of that word is obscure and not easy to remember; but rather that the trade mark is likely to be remembered as a whole, since the words that constitute it have a meaning

79. (Community trade mark - Opposition proceedings - Application for the Community figurative mark ALOHA 100 % NATURAL - Earlier national word mark ALOA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

80. – consequently, it does not prohibit an advertisement solely on the ground that it states that the advertiser’s product has an essential characteristic that is identical with that of a product protected by a – possibly well-known – trade mark.