Article 8 (3) EUTMR allows the proprietor of a mark to prevent the unauthorised filing of its mark by its agent or representative (see the Guidelines, Part C, Opposition, Section 3, Unauthorised Filing by Agents of the TM Proprietor).

The applicant, a Bulgarian company, represented by the team of IP Consulting, filed a request for revocation of EUTM 008810855 eGift. The application was filed on the grounds of non-use (Article 51(1)(a) EUTMR) and it is directed against all the goods and services covered by the EUTM, namely – Classes 9, 35 and 36.

not vague or overly broad. Both opposition proceedings were based on. Article 8(1)(b) of the EU Trade. Mark Regulation (EUTMR), which. Apr 15, 2021 "Article 60(1)(b) EUTMR in conjunction with Article 8(3) EUTMR, and on the non- registered trademark and copyright 'AQUAGOLD' claimed for Dec 18, 2019 Article 72 EUTMR provides that an action may be brought before the Article 8(3 ) EUTMR, that is, the earlier non-registered trade mark. The opposition procedure under Article 8 of the EUTMR sets out relative grounds upon which oppositions can be based on, always initiated as inter partes May 13, 2018 WE Brand argued that there was a likelihood of confusion within the meaning of Article 8(1)(b) EU Trade Mark Regulation ("EUTMR").

2019-11-10 · If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday. Submit a Paper WIPO - World Intellectual Property Organization Search the world's information, including webpages, images, videos and more. Google has many special features to help you find exactly what you're looking for. Changes in the Regulations on the brand of the European Union (REGULATION (EU) 2015/2424) in respect of goods in transit (Article 9.4) Before the effective date of the new Regulation on March 23, the contribution of the judgment Nokia- Philips (CJEU, 1st December 2011, Cases C-446/09 and C-495/09, Koninklijke Philips Electronics NV, Nokia Corporation et al.), goods in transit could be Nowadays, many people prefer to get their news online.

According to Article 46(1)(a) EUTMR, within a period of three months following the publication of an EUTM application, notice of opposition may be given on the grounds that the trade mark may not be registered under Article 8. In that relation, Article 8(2) EUTMR says that the legal basis of the opposition requires the existence and validity of

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The opposition was based on, inter alia, Article 8 (3) EUTMR which provides that: ‘Upon opposition by the proprietor of the trade mark, a trade mark shall not be registered where an agent or representative of the proprietor of the trade mark applies for registration thereof in his own name without the proprietor’s consent, unless the agent or representative justifies his action’.

Requests to amend the specification of goods or services to those covered by the literal meaning should be filed, as usual, under Article 50 EUTMR using the ‘Partial Surrender’ recordal type (for more information, see the Guidelines for Examination, Pursuant to the provisions of Art. 47.2 EUTMR, if the applicant so requests, the proprietor of an earlier EUTM who has given notice of opposition shall furnish proof that, during the period of five years preceding the date of filing or of priority of the EUTM application, the earlier EUTM has been put to genuine use or that there are proper reasons for non-use. As we already informed you, article 28.8 of the new European Union Trade Mark Regulation (EUTMR) provides a six month grace period for proprietors of EU trade marks applied for before 22 June 2012, which are registered in respect of the entire heading of a Nice class, to declare that their intention on the date of filing had been to seek protection in respect of goods and services beyond those Article 8 of the European Convention on Human Rights provides a right to respect for one's "private and family life, his home and his correspondence", subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". Both the underlying rationale and relationship to the other grounds in Article 7(1)(e) EUTMR/4(1)(e) EUTMD have been deemed surrounded by ‘considerable uncertainty’ 7 and, thus, found ‘unclear’.

Article 77(3) and Article 78(1)(a) and (b) CDR. Article 62(9) CDIR. In all Member States of the EEA, representation in legal proceedings is a regulated profession and may only be exercised under particular conditions. "Article 60(1)(b) EUTMR in conjunction with Article 8(3) EUTMR, and on the non-registered trademark and copyright 'AQUAGOLD' claimed for all the Member States of the EU, in relation to which the applicant invoked Article 60(1)(c) EUTMR in conjunction with Article 8(4) EUTMR and Article 60(2)(c) EUTMR, respectively." The EUIPO therefore upheld the opposition and rejected the EUTM application in its entirety on the basis of EUTMR Article 8(5).
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This provision is subject to the provisions of Article 28(8).

Jun 30, 2020 Tulliallan relied primarily on the grounds set out in Article 8(5) and 2017/1001 ( the EUTMR), with the Article 8 provisions of the EUTMR goods is specific, i.e.
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In accordance with Article 123 EUTMR and Article 80 CDR, Member States shall designate national courts and tribunals which shall perform the functions

Article 8 (4) EUTMR Archives - Kluwer Trademark Blog Article 8 (4) EUTMR HOLD ON TIGHT Denmark: The importance of obtaining a word mark registration for weak trademarks Louise Thorning Ahle (Zacco Advokatanpartsselskab) / January 29, 2020 Article 8(5) EUTMR, degree of reputation, Evidence, unfair advantage DAYADAY – General Court once again obliges the EUIPO to assess the precise level of a claimed reputation Verena von Bomhard ( BomhardIP ) / June 4, 2018 June 4, 2018 / Leave a comment The article was first published on the Kluwer Trademark Blog. With decision of 15.10.2018 on case T-7/17, the General Court (GC) has clarified an important factor for applicability of Article 8(3) EUTMR, on the prohibition for registration of a trademark filed by an agent or a representative of the trademark owner. 1. ARTICLE 8(4) EUTMR 2. PURPOSE AND SUBJECT MATTER OF THE PROVISION 3. REQUIREMENTS for application: 3.1.