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Friday, 24 September 2004

DEAR DIARY ... HERE COME SOME MORE TM CASES

Ever seeking something exciting to look forward to, the IPKat brings you news of some fresh IP activity in the European Court of Justice. Forthcoming attractions listed on the ECJ diary include the following:

* 28 September: Court of First Instance, Second Chamber -- There's a Hearing on Case T-57/03 SPAG v OHIM - Frank Dann and Andreas Becker, an appeal against an OHIM Board's very sensible and well-reasoned decision to allow registration of HOOLIGAN for clothes despite the existence of an earlier Spanish registration of OLLY GAN for the same goods. The same court is also having a Hearing on Case T-112/03 L'Oréal v OHIM - Revlon (FLEXI AIR). The diary notes, laconically, "The text is not available in English". Hmm!

* Wednesday 29 September: Court of First Instance, Third Chamber - There's a Hearing on Case T-334/03 Deutsche Post EURO EXPRESS v OHIM, (EUROPREMIUM). Apparently someone had the audacity to refuse an application to register the word EUROPREMIUM as a trade mark for certain goods and services in Classes 16, 20, 35 and 39.

* Also Wednesday 29 September: Court of First Instance, Third Chamber - There's a Hearing on Case T-33/03 Osotspa v OHIM - Distribution & Marketing (Hai), where the proprietor of the Community and national figurative mark "Shark" for goods in Classes 32 appeals against a decision to dismiss his opposition to registration of the "Hai" trade mark for goods in Classes 5, 32, 33, 35 and 42.

* Thursday 30 September: Court of First Instance, Fourth Chamber - There's a Hearing on Case T-126/03 Reckitt Benckiser (España) v OHIM - Aladin Gesellschaft für innovative mikrobiologische Systeme (ALADIN). This is an appeal against the refusal to allow an opposition to registration of the Community word mark ALADIN for certain goods in classes 1, 3, 35, 37 and 42.

* Thursday 7 October: European Court of Justice, Second Chamber -- Judgment is being given in Case C-136/02 P Mag Instrument v OHIM: the issue here is whether the pretty design of Mag torches is registrable as a trade mark - or do consumers just view the shape as a cute design that tells them about the torch, but not its origin?

ECJ Diary here; Diary of a Nobody here

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