11 Trade marks which are excluded from registration relating to Article 7 (1) (h) and (i) CTMR Šárka Jáchimová & Simona Macková Alicante May

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Trade marks which are excluded from registration relating to Article 7 (1) (h)

and (i) CTMR

Šárka Jáchimová & Simona Macková www.upv.cz

Alicante

May 21 – 22, 2012

INDUSTRIAL PROPERTY OFFICE OF THE CZECH REPUBLIC

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Legislation Czech Act on Trademarks (No 441/2003 Coll.) § 4 i) is equivalent to Article 7 (1) (h) CTMR – exclusion under Article 6ter of the Paris Convention

and

§ 4 j) is equivalent to Article 7 (1) (i) CTMR – exclusion of badges, emblems or escutcheons other than those covered by Article 6 ter of the Paris Convention and which are of particular public interest

The above exclusions are also examined on the basis of the observations by third parties under § 24.


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LegislationSection 4 (i) (Article 7 (1) (h) CTMR)

under Article 6ter of the Paris convention are excluded from registration all signs which constitute or contain armorial bearings, flags and other State emblems, of the countries of the Union, official signs and hallmarks indicating control and warranty adopted by them, and any imitation from a heraldic point of view

exclusion can be overcome by the presentation of the consent of the competent authority to the registration

Article 6ter is not applied to proceedings before the Office in relation to the Czech signs and symbols of national sovereignty – protection is provided by national legislation


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Specific examples of registered trade marks

O-462688Verbal elements are sufficiently specific, referring to a specific international cultural event, toavoid association with the European official structures.

O-163248Verbal elements certainly refer to the applicant (conformity with the company), the circularof stars is proportionalydifferent from a protected symbol.


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Specific examples of registered trade marks

O-355785, O-358732 Red colour is different

from colour of protected symbol,

the circle is not complete,

not cause the association with international organization.


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Specific examples of not registered trade marks

O-424553- the flag of European

Union and a stylization of the Turkish national flag

O-198633- the Swedish national flag


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O-439801, O-189252

- protected EU symbol or very close to it

- potential connection between the word elements and the official European structures


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O-472810- possible association

with the official European structures

O-487478- protected EU symbol


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O-482867- variations of

national flags


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LegislationSection 4 (j) (Article 7 (1) (i) CTMR)

badges, emblems or escutcheons other than those covered by Article 6 ter of the Paris Convention

it is necessary to examine the fact whether society has its particular public interest in a certain sign protection

exclusion can be overcome by the presentation of the consent of the competent authority to the registration

within the research it is important to enforce the identical aspects as in case of exclusions according to the Article 6 ter


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Specific example of registered trade mark

O-478118- opposed escutcheon of

the city Český Brod- some elements of a

sign and escutcheon are identical, but the conceptual similarity of them is significantly different


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Specific example of not registered trade mark

O- 474467- Badge of a Czech city -

Cheb


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Thank you for your attention!

Šárka Jáchimová & Simona Macková


Documents

11 Trade marks which are excluded from registration relating to Article 7 (1) (h) and (i) CTMR Šárka Jáchimová & Simona Macková Alicante May