tag:blogger.com,1999:blog-5574479.post116661278287694489..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: Notification, not examination: the next step; Golden opportunityVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-5574479.post-1166693318198718492006-12-21T09:28:00.000+00:002006-12-21T09:28:00.000+00:00Come now, Anonymous, you can hardly complain that ...Come now, Anonymous, you can hardly complain that a lawyer is acting like a lawyer. Notification might be 'examining' by your colloquial notion, but it's not examination within the meaning of the Trade Marks Act 1994. <BR/><BR/>Under Section 37(1) "The registrar shall examine whether an application for registration of a trade mark<BR/>satisfies the requirement of this Act (including any requirements imposed by rules)". The requirement is that the applied-for sign be a "trade mark" within the meaning of section 1(1). <BR/><BR/>If this argument fails, I reserve the right to plead the Human Rights Act 1998 ...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-1166632941372792942006-12-20T16:42:00.000+00:002006-12-20T16:42:00.000+00:00Merpel I expected more from you. I thought you wo...Merpel I expected more from you. I thought you would cite some eg Human Rights case where an immunity didn't hold. <BR/><BR/>Instead, you rely on an overly narrow definition of 'examination'. In fact, we will still 'examine' of course under the new regime (by searching for earlier marks and notifying), but not refusing.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-1166616945875200282006-12-20T12:15:00.000+00:002006-12-20T12:15:00.000+00:00Dear Anonymous, you're right: (i) I do have an evi...Dear Anonymous, you're right: (i) I do have an evil streak and (ii) I'll tell you that the statutory immunity cannot be relied on.<BR/><BR/>The immunity under s.70 is conferred in respect of "any liability by reason of, or in connection with, any<BR/>examination required or authorised by this Act, or any such treaty, convention, arrangement or<BR/>engagement, or any report or other proceedings consequent on such examination". If there is no examination in respect of relative grounds, surely there is no examination in respect of which an immunity can be claimed?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-1166616362227771352006-12-20T12:06:00.000+00:002006-12-20T12:06:00.000+00:00Sometimes Merpel I think you have an evil streak. ...Sometimes Merpel I think you have an evil streak. Re any action against the Patent Office (soon to be renamed of course) for non-notification: have you not heard of our immunity (section 70 of the TM Act)? <BR/><BR/>No doubt you'll tell me the circumstances when a statutory immunity cannot be relied on.Anonymousnoreply@blogger.com