MARQUES
implemented in the different member states and to identify which are the differences in interpretation or application of
the directive
ALL TYPES OF TRADEMARK USE, INCLUDING TRADEMARK USE ON THE INTERNET, SHOULD BE GOVERNED UNDER THE UMBRELLA OF TRADEMARK LAW AS THIS WOULD ENHANCE HARMONISATION AND LEGAL CERTAINTY.
with a view to achieving a stronger cooperation between national authorities in the member states in the enforcement of cross-border cases.
Harmonisation of trademark laws in Europe and alignment—ie, convergence of trademark protection procedures and practices, which includes, inter alia, implementation of effective administrative
oppositions, invalidation and
Te revised draſt is due to be presented to European Parliament for plenary approval in second reading in the coming months and the new regulation will apply as from January 1, 2014 and will replace the current measures that were established under regulation 1383/2003.
Despite this, together with a number of other kindred IP interest representative organisations, Marques has recently readdressed the transiting goods question with the European Commission in the context of reviewing the CTMR and TMD. It is believed that counterfeit goods in transit should be defined as an act of infringement, close the gap in the current legislation.
to
Coherent rules Marques has always considered that there should be coherence between trademark law on the one
About Marques
Marques is the European association which represents brand owners’ interests. Its mission is to be the trusted voice for brand owners, to educate in the field of management and exploitation of IP rights, to promote the professional development of its members, and to be a reliable partner in advancing these objectives.
Established in 1986 and later incorporated in the UK as a not-for-profit company limited by guarantee, Marques unites European and international brand owners across all product sectors to address issues associated with the use, protection and value of IP rights, as these are vital to innovation, growth and job creation, which ultimately enhance internal markets. Trademarks especially play a significant role in free trade and competition in the marketplace.
Marques’ membership crosses all industry lines and includes brand owners and IP professionals in more than 80 countries. Te trademark owners represented in the association together own more than two million trademarks which are relied upon by consumers as signposts of genuine goods and services.
Marques is an accredited organisation before OHIM, appointed observer at the OHIM
Administrative Board and Budget Committee, an official non-governmental observer at the World Intellectual Property Organization and a registered interest representative organisation (ID 97131823590-44) in the Transparency Register set up by the European Parliament and the European Commission, which extends and replaces the former Register of Interest Representatives, opened by the European Commission in 2008.
30 World Intellectual Property Review e-Digest 2013
hand and regulations or directives addressing unfair commercial practices, misleading and comparative advertising and unfair commercial practices affecting businesses, as well as protection
of geographical indications and
designations of origin for agricultural products and foodstuffs, on the other hand.
All types of trademark use, including trademark use on the Internet, should be governed under the umbrella of trademark law as this would enhance harmonisation and legal certainty. In this context, Marques submitted comments to the European Commission’s consultation on the preparation of a communication on Directive 2006/114/EC concerning misleading and comparative advertising and on unfair commercial practices affecting businesses. By this initiative, the Commission aims to review how Directive 2006/114/EC is currently
revocation proceedings, a common approach on classification of goods and services in trademark applications and the abolishment of relative grounds ex officio examination and official searches—are likewise seen by Marques as necessary steps towards the achievement of a fully fledged IP protection system.
In this regard, Marques has contributed to the convergence programme projects put in place by the Office for Harmonization in the Internal Market (OHIM) with the European national IP offices and the Benelux Office for Intellectual Property (BOIP), in the area of harmonisation of classification practices and interpretation of the scope of protection resulting from the use of general indications of the Nice Classification class headings, following from the judgment of the CJEU in Case C-307/10, generally referred to as the IP Translator case, on June 19, 2012.
As a rule and in the general interest of all users, Marques has consistently maintained the view that applicants should always specify the goods and services in a manner that would be required to make it possible to establish in a clear manner which goods or services the application is intended to cover. In fact, this is the approach which best reflects, according to Marques, the interests of brand owners, ie, the users of the trademark registration system, including SMEs or any less sophisticated users who might not have detailed knowledge of the technicalities of the Nice Classification system.
Te answer given by the CJEU in its ruling was that Directive 2008/95 must be interpreted as meaning that it requires the goods and services for which the protection of the trademark is sought to be identified by the applicant with sufficient clarity and precision to enable the competent authorities and economic operators, on that basis alone, to determine the extent of the protection conferred by the trademark. Te court further recognised that the use of the general indications of the class headings of the Nice Classification to identify the goods and services for which the protection of the trademark is sought, is not precluded provided that such identification is sufficiently clear and precise.
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