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The availability of the sign - Coggle Diagram
The availability of the sign
Role of applicant to check the availability
Relative ground of refusal
If an owner of an earlier TD oppose the registration, the IP office can reject the application of the later sign
Signs not available
Earlier right
Well known TD
Signs of more than mere local significance
Earlier registered TD
Protection only for
Earlier registered TD
Identical or similar TD
The sign
The goods and services
Notion and consequences of identity
x2 identity (sign and goods and services)
The owner of an earlier can oppose the registration
If successful, the sign can’t be registered
The owner of the earlier right doesn’t need to prove the likelihood of confusion
Notion and consequences of similarity
between: Else the sign and the goods and services
Else the sign OR the goods and services
The owner of an earlier can oppose the registration
The owner of the earlier right needs to prove the likelihood of confusion
Mark with reputation
Applies to identical or similar signs
Not necessary to prove the existence of likelihood of confusion
Doesn't matter the goods and services it was registered for
Better protection
ex: you can’t register the mark Louis Vuitton for cars even if LV is only registered for luxury goods
Conditions
Earlier sign is registered
Signs are identical or similar
Earlier sign is well-known
risk of connection+damage to the earlier TD
Unfair advantage - use of the reputation
Detriment to distinctiveness - no unique anymore
detriment to repute - degradation of the brand image
Well known unregistered TD
Conditions
Foreign trademark that is not registered in the country of application of the latter
Earlier TM is well known in the country of application of the latter one
Later TM constitutes a reproduction, an imitation, or a translation of the earlier one, and is liable to create confusion
Infringing trademark must be used for identical or similar good, unless its use in relation to other goods or services
would indicate a connection with the owner of the registered trademark and
the interests of the owner are likely to be damaged by such use.
ex: Imagine, Abercrombie isn’t registered in France and someone is trying to register Abercrombie as a TD in France. Because Abercrombie is popular, it’s going to be protected anyways in France.
If nobody is opposing the registration it’s fine