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Home FURTHER CONSIDERATIONS ON TRADEMARKS CASE LAW AND TRADEMARK Page 3

  • Published in CASE LAW AND TRADEMARK

Word mark consisting of foreign words: the case Slimmer

Monday, 16 April 2018 by Redazione
word mark consisting of foreign words
As a case of word mark consisting of foreign words, we report the case from which the decision of the Italian Corte di Cassazione originates which can be summarized as follows: the owner of a registered trademark named “SLIMMER”, used to distinguish a food supplement with slimming function, sued a distributor which begun selling a supplement food market with the word “SLIMMEX.
Read more
  • Published in CASE LAW AND TRADEMARK, COUNTERFEITS AND MISLEADING INDICATIONS

Weak trademark: cases of counterfeiting and similar trademarks

Monday, 16 April 2018 by Redazione
weak trademark
It is said weak trademark the trademark with a little distinctive capacity, while it is strong trademark the remarkably distinctive trademark, because it is made up of fanciful words (or other signs) or it is made up of words that, despite being in common use, are devoid of conceptual link with the products and/or service distinguished by the trademark.
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  • Published in CASE LAW AND TRADEMARK

Complex trademarks and the judgment of the risk of confusion

Monday, 16 April 2018 by Redazione
Judgment of the risk of confusion
The Italian Corte di Cassazione stated several time about the judgment of the risk of confusion concerning and has reiterated the opinion that the judge has to evaluate each of the elements of the complex trademarks. The judgment of the risk of confusion in the italian trademark In the judgment of 18 January 2013 n.1249
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  • Published in CASE LAW AND TRADEMARK, DISTINCTIVE CHARACTER OF A TRADEMARK, EUROPEAN UNION TRADEMARK

Weak trademark and descriptiveness: the case Bellissima

Sunday, 01 April 2018 by Redazione
Weak trademark and descriptiveness of EU trademark. The case Bellissima
In the context of European Union trademark it is important to evaluate how much the descriptiveness of a term can affect for a part of the public in the European Union market. You can find here below the case Bellissima.
Read more
  • Published in CASE LAW AND TRADEMARK, EUROPEAN UNION TRADEMARK

How to demonstrate genuine use of an EU trademark

Saturday, 31 March 2018 by Redazione
How to demonstrate genuine use of an EU trademark
In the matter of EU opposition it can be very important to demonstrate genuine use of the trade-mark. Let’s see some judgments in this regard.
Read more
  • Published in CASE LAW AND TRADEMARK, DISTINCTIVE CHARACTER OF A TRADEMARK

Secondary meaning and distinctive character in a trademark

Friday, 30 March 2018 by Redazione
secondary meaning in a trademark
The principle of secondary meaning concerns trademarks devoid of distinctive character, acquiring the same through the use and renown. In these cases it is said obtaining a secondary meaning which occurs when a word (or a design, or a shape or other types of mark), originally devoid of distinctive character, has with time a further meaning in the eyes of consumers and thereby it is able to identify that products come from a specific undertaking.
Read more
  • Published in CASE LAW AND TRADEMARK, THE TRADEMARK

Limitations of the Right on the Trademark

Tuesday, 27 March 2018 by Redazione
limitations of the right on the trademark
When you own a registered trademark you will certainly have more rights (in term of protection) but you must also take into account some limits imposed by the law. Find out which.
Read more
  • Published in CASE LAW AND TRADEMARK, EUROPEAN UNION TRADEMARK

Similarity between trademarks with Arabic words

Thursday, 15 February 2018 by Redazione
Similarity between trademarks with Arabic words
In the case of similarity between trademarks composed of Arabic words, the EU Court of Justice took into account the relevant public in order to assess how confusing the marks in question could be.
Read more
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Category

  • THE TRADEMARK
  • REGISTERING A TRADEMARK
    • REGISTERING A TRADEMARK IN EUROPE
    • REGISTERING A TRADEMARK IN THE MIDDLE EAST
    • REGISTERING A TRADEMARK IN ASIA
    • REGISTERING A TRADEMARK IN NORTH AMERICA
    • REGISTERING A TRADEMARK IN LATIN AMERICA
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  • MISTAKES NOT TO BE MADE WITH TRADEMARKS
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    • UNFAIR COMPETITION
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  • Eva Troiani law firm: trademark registration and legal protection
  • The Project Registrare-Marchio.com
  • Where to register a trademark
  • The Verification of Trademark’s Requirements
  • Trademark Search: identity and similarity
  • Filing a Trademark Application
  • Graphic Creation of a Trademark
  • Trademark protection: the surveillance service for the protection of your brand
  • Trademark Opposition Proceedings
  • Trademark Assignment and Licence Agreement

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  • Who we are
    • Eva Troiani law firm: trademark registration and legal protection
    • The Project Registrare-Marchio.com
  • Trademark consultancy
    • The Verification of Trademark’s Requirements
    • Trademark Search: identity and similarity
    • Where to register a trademark
    • Filing a Trademark Application
    • Graphic Creation of a Trademark
    • Trademark protection: the surveillance service
  • Trademark legal assistance
    • Trademark defense from objections of the Trademark Office
    • Trademark defense from disputes
    • Trademark Opposition Proceedings
    • Trademark Assignment and Licence Agreement
  • Contact
  • FAQ
  • Certification
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