Примери за използване на Board of appeal's на Английски и техните преводи на Български
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Colloquial
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Official
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Medicine
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Ecclesiastic
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Ecclesiastic
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Computer
The Board of Appeal 's.
That summary of the Opposition Division's analysis is based on the version reproduced in point 6 of the Board of Appeal's decision.
Points 22 and 23 of the Board of Appeal's decision.
The Board of Appeal's decision was notified to the applicant on 16 September 2005.
The formal content and form of the Board of Appeal's decisions as referred to in Article 71;
In the Board of Appeal's view, those considerations regarding the marketing strategy could not be disregarded when assessing the perception of the mark applied for by the relevant public.
In particular, the applicant does not indicate which decisions of national courts andpress cuttings are relevant for challenging the Board of Appeal's assessment as regards the acquisition of distinctive character by the mark at issue.
However, in the Board of Appeal's decision, it is not explicit in its entirety.
Taking into account the sign itself, the goods in respect of which registration is sought andthe understanding of that sign by the relevant public, the Board of Appeal's assessment of the descriptive character of the mark applied for is demonstrably correct.
Point 23 of the Board of Appeal's decision.59- See point 6 of the Board of Appeal's decision.60- Point 30.
In paragraph 100 of the judgment under appeal, the General Court held that, in the light of all factors relevant to the case, the global assessment confirmed the Board of Appeal's conclusion that there was a likelihood of confusion.
Secondly, the applicant contests the Board of Appeal's interpretation of the expression‘if possible' in Article 49 of the implementing regulation.
An objection under paragraph 3 shall only be admissible if it is made prior to the start of proceedings before the Board of Appeal, or, where the information constituting the grounds for the objection becomes known after the proceedings have started, within the deadlines laid down in the Board of Appeal's rules of procedure.
It must, therefore, be concluded that the Board of Appeal's error in choosing the applicable legal basis does not justify annulment of the contested decision.
The Board of Appeal's finding that, for the most part, those documents contain images taken outside the European Union(particularly in the United States) or in unknown locations.
On the other hand, the applicant and the intervener, in support of its cross-claim,dispute the Board of Appeal's assessments, which are unfavourable to them, in relation to the descriptive and distinctive character of the contested mark.
Moreover, the Board of Appeal's approach for the purposes of ascertaining, by taking into account the characteristics of the mark at issue, whether the latter has acquired distinctive character through use, does not, in principle, preclude the registration of some categories of signs as EU trade marks.
Fourthly, the applicant considers that informing it of the other parties' objections to the admissibility of the appeal does not justify the Board of Appeal's lack of care and attention in fulfilling its obligation under Article 49 of the implementing regulation.
The applicant's argument that the Board of Appeal's finding in paragraph 17 of the contested decision was incorrect must therefore be rejected as irrelevant.
In those circumstances, the Board of Appeal's conclusion-- that the signs appearing in the vast majority of the images produced by the applicant differed significantly from the registered form of the mark at issue-- does not appear to be erroneous.
First, the applicant maintains that the Board of Appeal's approach is at odds with the approach taken by some national courts, in particular two German courts and a French court.
Finally, in accordance with the Board of Appeal's assessment, it must be accepted that the average Austrian consumer will consider it normal for wines, on the one hand, and beers, ale and porter, on the other, to come from different undertakings- and will therefore expect this- and that those beverages do not belong to the same family of alcoholic beverages.
At the outset, it should be noted that it is not apparent from the Board of Appeal's reasoning that its finding in relation to establishing genuine use of the goods referred to in paragraph 11 above is based on the sworn statement of[Centrotherm Systemtechnik's] manager.
The intervener contests the Board of Appeal's assessment of the descriptive character of the contested mark in respect of‘massage oils, gels'(Class 3) and‘lubricants for pharmaceutical purposes'(Class 5).
L& D applied to the Court of First Instance for annulment of the Board of Appeal's decision. It alleged infringement of Articles 8(1)(b) and 73 of the Trade Mark Regulation. The Court of First Instance however dismissed the action. 17 The judgment under appeal. .
It therefore seems to me that the Board of Appeal's decision does not contain a sufficient statement of reasons to meet the standard required by Article 73 of the Regulation, namely to allow the Community judicature to exercise its power of review.
In contrast with my understanding of the Board of Appeal's decision, the Court of First Instance stated that the Board had based its findings on the use and reputation of the ARBRE MAGIQUE mark and had considered the silhouette mark to be a part of that mark.
In the first place, it must be noted that, in the present case, the parties do not dispute the Board of Appeal's assessment, in paragraph 29 of the contested decision, that the goods covered by the contested mark are for everyday use, so that the relevant public is made up of the average consumer in the European Union, taken to be reasonably well informed and reasonably observant and circumspect.
Notes furthermore that the CVs anddeclarations of interest of the members of the Agency's Board of Appeal as well as of the members of its Management Board have also been published on the Agency's website;
In that regard, the Board of Appeal rejected the applicant's argument regarding the difference in colour between the maple leaf in the mark sought and the Canadian emblem.