Sentences with phrase «trade mark owners»

About Blog The Association of European Trade Mark Owners - represents trade mark owners» interest before the relevant EU and other international bodies in all relevant areas.

Practitioners and UK trade mark owners are having to adapt to significant changes in the examination procedure for new trade mark applications which came into effect on 1 October 2007.

Trade mark owners will find it more difficult to protect their brands from competitors» comparative adverts following a Court of Appeal ruling, commercial firm Wedlake Bell is warning.

She is currently the Vice President of The Hong Kong Institute of Trade Marks Practitioners - a body with the aims of representing and encouraging cooperation between trade mark professionals in Hong Kong, and protecting the interests of trade mark owners.

WIPO notes that the evolving domain name registration system is affecting the rights of trade mark owners.

We have a proven track record of tackling trade mark infringement, and enforcing trade mark owners» rights.

This will be a particularly contentious issue if the Cartier decision opens the floodgates for other trade mark owners, and the costs of implementing blocking orders escalates greatly.

This led to clutter on the register, and more uncertainty and cost for trade mark owners, who would have difficulty in clearing marks for use and registration in 28 states, only to have to face expensive litigation against prior marks, where use of those marks in the relevant fields was questionable.

However there seems no reason to assume that it will not be another useful option as has been the case for trade mark owners for many years.

If there was extra administration, such as form filling or fee paying, it could lead to a huge work load for not only practitioners but also the trade mark owners themselves, and of course the UKIPO.

For example, the Abritration Center for International Disputes (ADR.EU) «helps brand and trade mark owners, domain name registrants and registration companies all over the world to resolve conflicts in a fast, efficient and cost - effective fashion.»

You also can not damage their reputation - these are weapons systems - are you 100 % sure that all the ways a player could use them in a game are what the trade mark owners would want to be associated with?

If the opinion of Advocate General Mengozzi is adopted by the ECJ it will be a step backward for brand protection as trade mark owners will, effectively, be unable to instigate legal proceedings for trade mark infringement in relation to comparative advertisements regardless of whether the rival advertiser uses the same or similar image (no matter how distorted) of the registered trade mark.

If the advocate general's opinion is followed by the ECJ, even this protection will be removed for trade mark owners.

with a trade mark owners» own consent.

The latter included orders that had been placed by various trade mark owners but then cancelled, and goods that were rejected as not being manufactured to a sufficient standard.

However, once branded goods have been placed on the market in the EEA by the trade mark owner, -LSB-...]

At the interlocutory stage in the O2 case, the High Court said that s 10 (6) effectively had to be interpreted to give a trade mark owner a remedy only where the comparative advertising fell outside of the CAD.

Using a trade mark to describe the product («Written in JavaScript», «Seeking JavaScript developer») is not an infringement and the trade mark owner is under no obligation to, indeed, can not stop this.

This serves to strike the delicate balance between the interests of the public and the right of the trade mark owner to exclusively use the registered trade mark.

Nothing contained on this website shall be construed as granting any licence or right to use any Trade Mark displayed on this website without the written permission of the relevant Trade Mark owner.

This leaves a feeling that you know the internal problems a trade mark owner faces, such as budget restraints, constant audits, advising on filing and defence strategy, gap filling as new markets become of interest, or brand extension when new product ranges or services are introduced under an existing mark, and prioritising work in general.

This can leave the trade mark owner vulnerable to a challenge by a third party to their mark on the basis of non-use and they could actually lose their rights.

A trade mark owner can not stop a rival using an identical or similar sign in a comparative advertisement where the use is not likely to confuse the public, the European Court of Justice (ECJ) has ruled.

The ECJ said a trade mark owner may prevent the use of a sign similar to his mark only if used: in the course of trade; without the consent of the mark owner; in respect of goods or services identical with, or similar to, those for which the mark is registered; in a way likely to confuse the public.

This is known as «European exhaustion»; Article 7 (2) which provides an exception to European exhaustion of rights where there are legitimate reasons for the owner to oppose further commercialisation of the goods, especially where the condition of the goods is changed or impaired after they have been put onto the market, and Article 8 (2) which entitles a trade mark owner to invoke its trade mark rights against a licensee who contravenes any provision in his licensing contract with regard to its duration, the form covered by the registration in which the trade mark can be used, the scope of the goods or services for which the licence is granted, the territory in which the trade mark may be affixed, or the quality of the goods manufactured or of the services provided by the licensee.

Article 8 (2) expressly enables the trade mark owner to invoke its trade mark rights against a licensee where the licensee breaches certain provisions in the licence agreement.

Even without any economic harm to the trade mark owner, where the only purpose of the use of the lookalike is to exploit the reputation of the market leader in order to benefit and promote the sale of the lookalike that will confer an unfair advantage and amount to trade mark infringement.»

Therefore the ECJ concluded that a trade mark owner can take infringement action against a licensee who breaches a condition in the licence agreement which falls within Art 8 (2).

The main provisions of the Trade Marks Directive 89 / 104 / EEC which were at issue in this action were; Article 7 (1) which provides that the trade mark owner may not prohibit use of his trade mark in relation to goods which have been put onto the market in the European Economic Area (EEA) under that mark by the owner or with his consent.

This question concerns whether a trade mark owner's rights are exhausted by the licensee putting goods on the market in disregard of its licence conditions.

However, the ECJ stated that the licence agreement does not necessarily constitute the absolute and unconditional consent of the trade mark owner to the licensee putting the goods bearing the trade mark on the market.

The ECJ summarised by ruling that, where a licensee puts luxury goods on the market in contravention of a provision in a licence agreement but must nevertheless be considered to have done so with the consent of the trade mark owner, the proprietor of the trade mark can rely on such a provision to oppose a resale of those goods on the basis of Art 7 (2) of the Trade Marks Directive only if it can be established that, taking into account the particular circumstances of the case, such resale damages the reputation of the trade mark.

«I think one must focus on what is really happening, on actual knowledge and actual, practical control or the right of control by the trade mark owner.

Consent can be given expressly, or implied, by the trade mark owner or by another with sufficient authority to give it.

Many (probably most) trade mark lawyers think that ought to be the rule... So the public would be surprised to know (and perhaps somewhat resentful of the fact) that the law of the EEA is such that if genuine goods are available outside Europe, much cheaper than they are here, traders can not buy them and import them for sale here, unless the trade mark owner has consented.

In Davidoff the European Court of Justice held that relevant and sufficient consent may be express or, in exceptional circumstances, implied where from the facts and circumstances prior to, simultaneous with, or subsequent to the goods being placed on the market outside the European Economic Area (EEA), the trade mark owner has unequivocally demonstrated that he has renounced his right to oppose placing the goods on the market in the EEA.

Not exact matches

THE movement against cybersquatting, the use of trade marked names for websites which are not held by the owner, is gaining momentum.

You agree not to display or use trademarks, product names, company names, logos, service marks and / or trade dress of other owners without the prior written permission of such owners.

All other trade - marks, service marks or registered trade - marks are the property of their respective owners.

All other trademarks, product names, company names, logos, service marks and / or trade dress mentioned, displayed, cited or otherwise indicated on this website are the property of their respective owners.

All product and service marks are the trade marks of their respective owners.

Other names and logos appearing on or in connection with the Website may be registered or unregistered trademarks, official marks, service marks, trade names and logos of their respective owners.

All other trademarks, service marks and trade names used on the Site are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of RMG or the owner of such trademark, service mark or trade name, except as explicitly permitted in these Terms of Use.

CEO and owner Mark Lansley will be speaking at IBWSS UK conference, while Master of Wine Dr. Arabella Woodrow and other members of the Broadland's team will be available to discuss how companies in the UK On Trade and Off Trade can take advantage of bulk wine to grow sales, profitability, and the value for money offered to consumers through the UK packed exclusive labels.

Other product and company names may be trade or service marks of their respective owners.

No rights are granted to use any trade marks on this Website without the trademark owner's prior written consent.

One of the objects of the Trade Marks Bill, now wending its way through Parliament, is to make it easier for owners of trademarks to prevent shops selling goods that carry counterfeit mMarks Bill, now wending its way through Parliament, is to make it easier for owners of trademarks to prevent shops selling goods that carry counterfeit marksmarks.

Nothing on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, trade name, logo or service mark displayed on the Website without the owner's prior written permission.

All brand names and product names used on this website are trade names, service marks, trademarks, or registered trademarks of their respective owners.