Archive for January, 2009

A WARNING FOR THE OWNERS OF FAMOUS TRADEMARKS

Thursday, 22 January 2009

Intel tried unsuccessfully to stop the use of the mark Intelmark, owned by CPM, through the European Court of Justice on the ground that it would dilute its famous mark.
According to the Court the fact that an earlier mark has a “huge reputation”; that its goods or services are dissimilar to those of the later mark; that the earlier mark is unique; and that for the average consumer “the later mark calls the earlier mark to mind” is “not sufficient” to establish that the use of the later mark “takes or would take advantage of, or is or would be detrimental to, the distinctive character or the repute of the earlier mark”.
It was explained that a proof detriment requires evidence of a change, or likelihood for such a change in the future, in the economic behaviour of the average consumer of the goods or services bearing the earlier mark. This is likely to require famous brand owners to provide survey or to seek for other evidence a change in consumers “economic behaviour”.

New Fees For Community Trademarks

Monday, 12 January 2009

“Тhe fee for the national reports for examination, is changed from 192 EUR to 144 EUR coming into force from 1 January 2009.  The amount of 144 EUR is formed by individual fees of  12 EUR for every  national report for examination multiplied by the number of central offices for industrial property of the member-states (presently 12) - Austria, Bulgaria, Greece, Denmark, Spain, Lithuania, Poland, Romania, Slovakia, Hungary, Finland and Czech Republic). The change in the fee will be applicable for applications for Community trademarks, received from 01.01.2009.
Source: “Bulgarian Patent Office”