tag:blogger.com,1999:blog-5574479.post470426880167043522..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: French speakers, visual similarity sink AGILE markVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-5574479.post-78808496402204917602009-10-30T17:40:54.030+00:002009-10-30T17:40:54.030+00:00I recall that the UK Registry got into problems wi...I recall that the UK Registry got into problems with *rules of thumb* that involved counting letters like this. Hopefully this will go to the ECJ who will put us back onto a global appreciation rather than this psuedo analytical approach.<br /><br />It would probably be better for oppositions to give the benefit of any doubt to the junior mark as the assessment of LOC by a Board in Alicante based on paper evidence is never going to be perfect.Filemothttps://www.blogger.com/profile/15735898485265104580noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-25951585645903725322009-10-30T13:47:11.039+00:002009-10-30T13:47:11.039+00:00The question whether there is LOC is factual - or ...The question whether there is LOC is factual - or rather an evaluation of fact. Fact is normally for first instance courts. Why should the CFI or ECJ be any better equipped to deal with that evaluation than OHIM and the BOA ? Yes of course the system requires one size to fit all, but OHIM should be entrusted with that evaluation of fact; I assume there are French speakers working there. My point is to question how repeated appeals, essentially on the evaluation of fact, really help anyone - except lawyers (woops, sorry everyone!).Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-8315753034427310752009-10-30T12:43:48.415+00:002009-10-30T12:43:48.415+00:00Anonymous: Isn't the whole point of the CTM th...Anonymous: Isn't the whole point of the CTM that the one size has to fit all and, if it doesn't fit, you won't get EU-wide protection? I personally wouldn't find a LOC but, if the coexistence of these marks is going to leave French consumers puzzled, isn't it time to get back to separate national registrations where they're available?Jeremyhttps://www.blogger.com/profile/01123244020588707776noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-71645614169170997942009-10-30T12:35:43.758+00:002009-10-30T12:35:43.758+00:00What the IPKAT means is that, as an Anglophone, he...What the IPKAT means is that, as an Anglophone, he wouldn't have found LOC in a million years. Quite so. This case should have ended with the BOA's judgment. Otherwise, as is so often the case, the parties simply get the next court up to substitute their view for the one below which they didn't like. Isn't it time to call a halt to all this and require leave to appeal or very strictly circumscribe the powers of each court??Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-62986239606670039612009-10-30T09:17:02.327+00:002009-10-30T09:17:02.327+00:00The IPKat suspects that he has not heard the last ...<i>The IPKat suspects that he has not heard the last of this case. While he agrees that the degree of similarity between the marks is greater than that which the Board found, as a non-Francophone feline he does not feel qualified to make his own assessment of the degree of similarity or its impact on the consumer.</i> As a francophone friend of the feline, this poster believes that "Aygill" is phonetically distinct from "Agile".<br /><br />A Francophone would pronounce 'Aygill' as either <i>'hey-djill'</i> or <i>'hey-g-ill'</i> (depends on region), and would pronounce 'Agile' as <i>'Ah-jil'</i> (optionally <i>also</i> pronoucing the end 'e' as '-euh', depending on the region/accent).Stephhttps://www.blogger.com/profile/03939472170439107513noreply@blogger.com