Presentation on theme: "Examination of languages other than the official national language Višnja Kuzmanović September, 2012."— Presentation transcript:
Examination of languages other than the official national language Višnja Kuzmanović September, 2012
Agenda: Languages of reference- Office practice Absolute grounds for refusal (AG)- examples Relative grounds (RG)- examples
Languages of reference No provisions in the national legislation or in the TM Guidelines as regards the languages of reference Office practice is equally applied for the AG and RG procedures: The assessment: the consumer perspective in relation to the applied goods and services: AG for refusals: lack of minimum distinctiveness, descriptiveness, customary in the everyday practice, deceptive, contrary to the public policy… RG : assessment of the degree of distinctiveness
Languages of reference Official national language: Croatian Foreign languages of reference: English Regional languages of reference:Languages of former Republics of Yugoslavia Federation Minority languages of reference (the most frequently represented):Italian ( official language in the Istrian region ) Serbian
Languages of reference Considered to be understood: English, Italian by a large number of people French, German, Russian, Latin exceptionally for the commonly known words Bosnian, Serbianby a high majority of population even if written in Cyrillic
AG refusals English TOPGEAR - high quality equipment IR no. : 950 963 (non distinctive) Cl. 12, 28:Cars and toys TIMBER ART- work of art in wood IR no. : 955 845 (descriptive) Cl. 19 : wood products, floors covering ACCELERATING SUCCESS - speeding-up success No.: Z20112173 (laudatory) Cl. 16, 35, 36: Real-estate marketing and consulting services and related marketing publications
AG refusals Italian- guarantee bank IR no. : 971 886 (descriptive) Cl. 36 :Bank and insurance services “vettura” = vehicles vehicles renting No. : Z20050799 (non distinctive) Cl. 39 :Car renting Acquired distinctiveness: YES SerbianLEPOTA i ZDRAVLJE- beauty and health IR no.: 959849 (non distinctive) Cl. 16, 35, 41: Magazines, marketing, education, seminars
AG refusals For the commonly known words: French BEIGE -yellowish brown colour IR no: 450131 A (descriptive) Cl. 3:Cosmetics German -European Travel Insurance (non-distinctive) IR. No.: 936317 Cl. 36, 39, 43 Travel insurance, travel agency services, hotel reservations Latin HERBA DALMATICA- Dalmatian herbs (non-distinctive) No.: Z20070150 Cl. 32, 33 Non-alcoholic and alcoholic beverages
RG examples English: Earlier TM:Application: Z20101255Z20101777 LATE NIGHT SHOPPING SHOPPING NIGHT / LATE NIGHT SHOPPING semantically similar. Opposition upheld.
Russian: Earlier TMApplication Z0740338 IR 858 764 Adjectives MOSKOVSKAYA (f.) Latin Alphabet / MOSKOVSKII (m.) in Cyrillic Alphabet semantically similar (with the identical meaning “from Moscou”) Opposition rejected – g&s not similar RG examples
English – French Earlier TMApplication Z20021187 Z20110704 ACCESSORIZE ACCESSORIZE / ACCESSOIRES English verb “accessorize” =. to furnish with accessories >accessories an object or device not essential in itself but adding to the beauty of something else semantically similar to French noun “accessoires”. Opposition rejected.