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Flash 02-12

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1 LAW

1.1 Enforcement

U.S. rogue website legislation updates and ACTA

2 OFFICE PRACTICE

2.1 Enforcement

U.S. Customs

2.2 OHIM

OHIM Website, OHIM Cooperation Fund, OHIM decision on reimbusement of fees, Benelux and OHIM, OHIM and TM View, OHIM in talks with users, OHIM Alicante News, OHIM Classification Manual and Spanish Trade Mark Office

3 CASE LAW

T-513/10 Atrium The trade mark is descriptive, T-249/10 KIKA vs. KICO (fig) There is a likelihood of confusion, T-462/09 FAVOLIZIA vs. Ragolizia There is a likelihood of confusion,T-522/10 HELLA vs. HELL (fig) There is a likelihood of confusion, T-103/11 jusling (fig) vs. JUSTING (fig) The claim of seniority cannot be upheld, T-304/09 BASMATI vs. fig Action for passing off, T-260/08 VISUAL vs. VISUAL MAP There is a likelihood of confusion, C-53/11P R10 vs. R10 Inadmissibility of an appeal before the Board of Appeal

4 ECTA NEWS

WIPO Working Group on Lisbon, WIPO Standing Committee, OHIM Link Committee, OHIM Liaison Meeting, Sister Associations

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).