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Flash 03-12

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1 LAW

1.1 Enforcement

Ireland

2 OFFICE PRACTICE

2.1 OHIM

OHIM Website, OHIM Convergence Programme, OHIM Quality Check Criteria, OHIM - European Observatory on Counterfeiting

3 CASE LAW

T-321/09 arraybox The trade mark is descriptive, T-205/10 fig vs. LA VICTORIA DE MEXICO There is a likelihood of confusion, T-291/09 Pollo Tropical (fig) vs. Pollo Tropical (fig) The application for registration has not been made in bad faith, T-305/10 DYNIQUE vs. DIPTYQUE There is a likelihood of confusion, T-332/10 VIAGRA vs. VIAGURA The trade mark applied for takes unfair advantage of the reputation of the trade mark "VIAGRA", T-596/10 EuroBasket vs. Basket (fig), There is no likelihood of confusion

4 ECTA NEWS

ECTA Seminar "Crucial challenges for the European Trade Mark System", Brussels, 8 February 2012, Working Group on the Review of Model International Form No. 1 of the Singapore Treaty on the Law of Trademarks, Geneva, WIPO Standing Committee, ACTA, OHIM Link Committee, OHIM Liaison Meeting, Sister Associations, WIPO and OAMI Users Group

Association

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ECTA, the European Communities Trade Mark Association, was formed in 1980.

ECTA numbers approximately 1.400 members, coming from all the Member States of the European Union with associate members from all over the world. It brings together all those persons practising professionally in the Member States of the European Community in the field of trade marks, designs and related IP matters. These professionals are lawyers, trade mark advisors, trade mark attorneys, in-house counsel and others who can be considered specialist practitioners in these areas.

ECTA’s secretariat is located at Rue des Colonies 18/24, 1000 Brussels (tel: +32 2 513 5285).