French Trade Mark Registry says "Stop" to JE SUIS CHARLIE applications |
"In a succinct press release issued on 13 January 2015, the French Trade Mark Registry has indicated that it will not register any of the numerous speculative trade mark applications that it has received for the slogan JE SUIS CHARLIE, or which include a reference to it, since the terrible events of 7 January 2015.
The Registry has justified its position on the grounds that the sign does not meet the requirements as to distinctiveness, considering that the slogan cannot be monopolised by a business given its use by the community at large (see this link here).
The Registry’s rapidity in publishing its position on these applications must be praised, although it is perhaps too absolute a statement, implying that all applications for, or including, the slogan will automatically be rejected. It would no doubt have been more appropriate to indicate as OHIM has done that this type of application “will probably” be subject to an objection.
It will not have escaped a keen eye that the Registry does not cite a specific provision in the French Intellectual Property Code to justify its position. This may be because for some mysterious reason, the French legislator did not consider it necessary to transpose article 7(1)(b) CTMR. Readers will be reassured to know however that the French judges nevertheless apply this condition when examining the validity of an application, and the public order and morality requirement also appears in the Code."
A change of fortunes for Costco in the 9th Cirucit |
Valencia Martin-Wallace |
Reading in the Watchdog blog the report of what new USPTO boss Michelle Lee said in her speech, I had a queezy feeling I had heard it all before. Then I realised what it reminded me of: every public utterance of BeBa the President.
ReplyDeleteSuch speakers are consummate servants, of rich and powerful patrons that inhabit an elevated world different from that of specialist patent people. Your wish is my command, Master.
How many real patent people are in Davos at the moment? My guess: none! But is BB there? I would not be surprissed. How many specialist patent people have any idea what goes on, in the world of Benoit Battistelli and Michelle Lee?
Here at last, a truly provoking comment...
ReplyDeletePity I have not read this over at Patently-O.
Anon, if it is your opinion that there is insufficient provocation over on Patently-O, feel free to report my comment there, and thereby give the IPKat some free publicity in the USA.
ReplyDeleteWhat is it about the words "timliness" or "excellence" that makes you nervous? I truly wish Valencia all the very best in her new post, and honestly believe that the post is very necessary, but note with even more nervousness that she was in the computer area. So, has she been given the post to acquire enough sadistics to prove that the USPTO has sustained it's quality despite impressions to the contrary, or has she been employed to improve, or establish, quality?
ReplyDeleteI can say that I've noticed that the US examiners are producing more accurate comments, and having met some I am convinced that they would be good examiners if not actively prevented from doing their job, but then you look at the EPO, look at measures such as the new payment system (see Kat - new career systems...) hear the words timeliness and excellence and think... Good luck to all concerned.