tag:blogger.com,1999:blog-5574479.post3474000251139874307..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: From the European Court of Justice today: Part 2Verónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-5574479.post-84972807802732230922007-06-13T10:33:00.000+01:002007-06-13T10:33:00.000+01:00Thanks for the compliment. My usual rate is rathe...Thanks for the compliment. My usual rate is rather more than that, I'm afraid, even allowing for the new qualifier discount. You are welcome to employ the services of <A HREF="http://www.eric-potter.com/" REL="nofollow">Eric Potter Clarkson</A> (where I work) if you are interested in finding out more.David Pearcehttps://www.blogger.com/profile/02336561458060095886noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-87491038859611326262007-06-13T10:13:00.000+01:002007-06-13T10:13:00.000+01:00Jeepers that's quick, and very good. Usual rate ?...Jeepers that's quick, and very good. <BR/><BR/>Usual rate ? <BR/><BR/>£10 an hour, plus a discount for the fact that you're newly qualified ?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-651365926889703342007-06-13T09:05:00.000+01:002007-06-13T09:05:00.000+01:00How about:1. A method of assessing the descriptive...How about:<BR/><BR/>1. A method of assessing the descriptive nature of a trade mark, the method comprising the steps of:<BR/>i) communicating the trade mark to a commercial representative for goods or services to which the trade mark is to be applied;<BR/>ii) receiving a response from the representative regarding the trade mark; and<BR/>iii) determining from the response the degree of descriptiveness of the trade mark.<BR/><BR/>2. The method of claim 1 wherein the response from the representative indicates a lack of association in the mind of the representative between the trade mark and the goods or services. <BR/><BR/>3. The method of claim 1 wherein the response from the representative indicates a strong association in the mind of the representative between the trade mark and the goods or services. <BR/><BR/>I could go on, but you get the gist. I wonder if the USPTO would grant them?David Pearcehttps://www.blogger.com/profile/02336561458060095886noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-55781326670190163812007-06-13T08:19:00.000+01:002007-06-13T08:19:00.000+01:00The LOKTHREAD decision looks harsh. I've said it ...The LOKTHREAD decision looks harsh. I've said it before and I'll say it again, OHIM and Co don't do coined terms in English very well. LOKTHREAD is not a naturally descriptive term to me.<BR/><BR/>May I, Jeremy, through your wonderful blog propose a new, TM deecriptivness test. It's something we use a lot here at the UK-IPO and it's called the 'shop assistant test'.<BR/><BR/>Picture yourself in the local DIY store asking the assistant for a pack of "LOKTHREADS". What's their reaction ? <BR/><BR/>1. Blank stare - equals registrable trade mark.<BR/><BR/>2. Goes away and brings back 'LOKTHREAD' bolts - equals strong, registrable TM. <BR/><BR/>3. Asks whether you are referring to bolts - equals potentially unregistrable TM.<BR/><BR/>4 Shows you where the bolts are - equals no hope TM. <BR/><BR/>5. Say that you are fifth trade mark attorney to ask that question today so **** off, - equals the test has received universal approval and the assistant needs to go on a customer care course.<BR/><BR/>Dave, can you knock up a couple of claims for me so I can get the above test patented ?Anonymousnoreply@blogger.com