Примери за използване на Character through use на Английски и техните преводи на Български
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Error of assessment regarding the acquisition of distinctive character through use.
The circumstances in which that requirement for acquisition of distinctive character through use may be regarded as satisfied cannot be established solely by reference to general, abstract data such as predetermined percentages”.
In particular, Adidas had failed to establish that the mark had acquired distinctive character through use throughout the EU.
The General Court noted that for a mark to have acquired distinctive character through use, it is necessary that at least a significant proportion of the relevant public, by virtue of that mark, identifies the goods or services concerned as originating from a particular undertaking.
The applicant claims that, on any view,the mark applied for has acquired distinctive character through use.
No provision of Regulation No 207/2009 requires that the acquisition of distinctive character through use be established by separate evidence in each individual Member State.
That court set out that question having regard to the three stripe-logo registered by adidas,which has acquired distinctive character through use.
However, by 1996, as a result of adidas' advertising efforts,the sign had acquired distinctive character through use, from which it followed that its protection had increased.
In the light of the foregoing, none of the items of evidence, considered in isolation,is sufficient to establish that the mark applied for has acquired distinctive character through use.
Article 3(3) of the Directive governs the so-called acquisition of distinctive character through use of the sign, and is worded as follows.
With respect to Article 7(3) of Regulation No 207/2009,the Board of Appeal found that the applicant had failed to establish that the mark applied for had acquired a distinctive character through use.
Indeed, no provision of Regulation No 207/2009 requires that the acquisition of distinctive character through use be established by separate evidence in each individual Member State.
Moreover, several of those surveys relate to the existence of a likelihood of confusion resulting from the use of the represented signs andnot to their acquisition of distinctive character through use.
Chocoladefabriken Lindt& Sprüngli had provided evidence seeking to establish the acquisition of a distinctive character through use for only three Member States, namely Germany, Austria and the United Kingdom.
Secondly, as regards the investments which have been made in advertising andcommunication, it is clear from the case-law that the amount invested by the undertaking in promoting a mark may be taken into account for the purposes of considering whether that mark has acquired distinctive character through use.
The trade mark was registered on 25 July 2005 under number 002534774,with an indication that it had acquired distinctive character through use and the description referred to in paragraph 10 above.
Therefore, the circumstances in which the condition relating to the acquisition of distinctive character through use cannot be regarded as satisfied solely on the basis of general and abstract data, such as certain percentage values.
However, after Belgian company Shoe Branding Europe BVBA filed an application for a declaration of invalidity in 2016, the EUIPO annulled the registration of Adidas' mark on the ground that it should not have been registered in the first place andthat Adidas had not proven that it had acquired distinctive character through use throughout the EU.
In that regard, it has been held that a three-dimensional mark could in certain circumstances acquire distinctive character through use even if it was used in conjunction with a word mark or a figurative mark.
Therefore, taken as a whole, the various items of evidence, which the applicant produced,enable it to be demonstrated that the mark at issue has acquired distinctive character through use throughout the territory of the European Union.
Therefore, the evidence provided to establish that a particular sign has acquired distinctive character through use may be relevant to several Member States, or even to the whole of the European Union.
The Board of Appeal also held that that mark had not acquired distinctive character through use in the European Union.'.
To provide quantitatively and geographically sufficient evidence of the acquisition of a distinctive character through use throughout the EU, account must be taken, for each product or service, of this diversity within the EU.
Article 7(3) of Regulation No 207/2009, which permits registration of signs which have acquired distinctive character through use, must be read in the light of that requirement.
In paragraph 176 of that judgment,the General Court considered that the Second Board of Appeal had erred in concluding that the trade mark at issue had acquired distinctive character through use in the European Union, given that such acquisition had been proven for only a part, indeed a substantial part, of the territory of the European Union.
Finally, it examined the evidence adduced by the applicant and found that the applicant had failed to establish that the mark had acquired distinctive character through use throughout the European Union(paragraph 69 of the contested decision).
According to the case-law cited in paragraph 66 above, it must be established that a mark has acquired distinctive character through use throughout the territory in which it initially did not have such character. .
It must also be pointed out that, as noted by the applicant,a three-dimensional mark may, in certain circumstances, acquire distinctive character through use even if it is used in conjunction with a word mark or a figurative mark.
In the light of the foregoing, it must be concluded that the surveys are not sufficient, in themselves,to prove to the requisite standard that the mark applied for has acquired distinctive character through use, throughout the European Union, in respect of a significant part of the relevant public.
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.