tag:blogger.com,1999:blog-5574479.post3272911989016990477..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: IP Translator - you haven't heard the last of itVerónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-5574479.post-66364506823456854332012-06-25T20:18:13.875+01:002012-06-25T20:18:13.875+01:00I feel this is a good move forward for Community T...I feel this is a good move forward for Community Trade Marks. For too long there have been applications accepted using the class headings without so much as a sniff of a question of intention of use. The OHIM registry is littered with wide, open ended classifications including using class headers which is precluding others from using similar marks for ultimately completely dissimilar goods – this might not be the intention but I believe it is a real consequence of OHIMs dare I say, at times overly liberal approach to classifications. <br /><br />From a practical standpoint, the EUROCLASS system which enables pretranslated classifications to be used is a further example of the unnecessary width of applications. The fact that OHIM encourages the use of this method of drafting classifications makes the problem even worse – all down to OHIM trying to cut the work out in translation costs if someone dared to actually correctly classify their goods or services to a correct and honest specification. An applicant can use such a wide birth of classifications, safe in the knowledge that OHIM will never query it in several months of Sundays. <br /><br />Perhaps I am on my high ground as a relatively ‘narrow’ filer, but take class 16 for the endless paper goods and book binding of the header really does have a practical consequence of unduly bringing two trade mark owners into conflict when in reality, if they really looked at each other’s business activities they are poles apart from genuine conflict and in legal terms, confusion on the part of consumers. <br /><br />Maybe the real test will be if those drafting classifications and take heed and give a fair and proportionate account of what their client is actually using the mark for.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-92202904208589949032012-06-22T15:04:49.635+01:002012-06-22T15:04:49.635+01:00Interesting JUDGMENT, probably it will influence o...Interesting JUDGMENT, probably it will influence on Russian TM registration procedure as well. Now the class head is understood as particular list of goods and nothing else, now it influences only on similarity with other goods and servicesSvetlana Kazmina, RU Patent&TM Attorneyhttp://www.unctt.comnoreply@blogger.com