Примери за използване на Contested mark 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 complaints relating to the descriptive character of the contested mark.
The applicant's arguments relating to the descriptive character of the contested mark must therefore be rejected in respect of‘bleaching preparations and other substances for laundry use;
By decision of 8 September 2016,the Cancellation Division rejected the application and revoked the contested mark in its entirety.
The intervener claims that the Board of Appeal was wrong to hold that the contested mark was not distinctive for‘massage oils, gels' and‘lubricants for pharmaceutical purposes'.
On 21 March 2016, the Cancellation Division of EUIPO invited The Green Effort to submit, by 21 June 2016, proof of genuine use of the contested mark.
The Board of Appeal was therefore right to hold in the contested decision that the contested mark was descriptive of‘massage oils, gels' and‘lubricants for pharmaceutical purposes'.
It examined andreassessed whether the evidence provided by Sony Computer Entertainment made it possible to establish genuine use of the contested mark.
In the fourth place,the Fifth Board of Appeal examined whether the contested mark had been put to genuine use in relation to the goods in question(paragraphs 53 to 69 of the earlier decision).
The General Court held that the Board of Appeal was right not to include that invisible element in its analysis of the functionality of the essential characteristics of the contested mark.
In the first place,the Court finds that the essential characteristics of the contested mark are, first, the cube per se and, second, the grid structure which appears on each of its surfaces.
In that context, the Board of Appeal cannot be criticised for not having included that invisible element in its analysis of the functionality of the essential characteristics of the contested mark.
In response to the application for a declaration of invalidity,[Bruichladdich]limited the list of goods in respect of which the contested mark was registered to goods corresponding to the following description:“Whisky”.
According to the General Court, the Board of Appeal was right not to have included that invisible element in its analysis of the functionality of the essential characteristics of the contested mark.
The court found that the contested mark was, at the time of Mr Knipping's death, among his assets and was therefore transferred by universal succession to Ms Prast-Knipping as sole heiress.
This judgment, given by default, was challenged by Van Haren by way ofopposition under Article 2.1(2) of the Benelux convention, alleging that the contested mark was invalid.
By contrast, the graphic representations of the contested mark do not make it possible to determine whether the shape in question involves any technical function or, if so, what that technical function might be.
The Board of Appeal did not give any description of those goods and services or their characteristics,making it impossible to understand why the Board found that the contested mark was not descriptive of those goods and services.
On 4 May 2012, in response to the application for revocation of the contested mark, Sony Computer Entertainment Europe asserted that the contested mark had been put to genuine use in the European Union during the relevant period in relation to the goods in question.
In the first place, the Fifth Board of Appeal, after recalling the applicable principles(paragraphs 19 to 24of the earlier decision), examined the issue of the period of genuine use of the contested mark(paragraphs 25 to 38 of the contested decision).
They are solely concerned with whether the proprietor of the contested mark is Ms Prast-Knipping or Hanssen Beleggingen, which must be determined on the basis of the legal relationship existing between the parties concerned, just as in the main proceedings in Duijnstee.
The plea here consisted of two parts, the first relating to the degree of recognition by the relevant public of the word‘Devin' as a geographical name, andthe second relating to the link between the contested mark and mineral water.
The intervener also maintained,first, that the contested mark was descriptive of services for the production of energy, in Class 40, given that the word‘repower' could be taken to mean the commissioning of new facilities for the production of energy or the replacement of inefficient power installations and, secondly, that the contested mark was descriptive of services for‘energy distribution;
What is more, in its statement of grounds of appeal before the Board of Appeal, the intervener had explained in detail, over almost five pages,why the contested mark ought to have been regarded as descriptive of the remaining goods and services.
The applicant alleges that the Board of Appeal failed to take into account decisions of national administrative and judicial authorities, in particular the decisions of the Bundespatentgericht of 9 October 2012 and of the Bundesgerichtshof(Federal Court of Justice, Germany)of 19 February 2014 refusing to grant protection to the contested mark.
In the present case, the Board of Appeal concluded, in paragraph 90 of the contested decision,that the relevant public was the relevant public for the goods covered by the contested mark, namely the general public within the European Union, with an average level of attention.
A notice of opposition may be filed on the basis of one or more earlier rights, provided that they all belong to the same proprietor, and on the basis of a part or of the totality of the goods or services in respect of which the earlier right is registered or applied for,and may be directed against a part or the totality of the goods or services in respect of which the contested mark is applied for.
The general interest in preserving the availability of a geographical name such as that of the spa town of Devin can thus be protected by allowing descriptive uses of such names andby means of safeguards limiting the exclusive right of the proprietor of the contested mark, without requiring cancellation of that mark and the total suppression of the exclusive right that it confers for the goods in Class 32 covered by the registration.
On 2 January 2013, Sony Computer Entertainment Europe responded to observations submitted by the other party to the proceedings before EUIPO on 31 July 2012 andprovided the following items of additional evidence intended to prove genuine use of the contested mark in relation to all of the goods in question.
Furthermore, the Board of Appeal found, in paragraph 108 of the contested decision,that it was sufficiently established that the use without due cause of the contested mark took unfair advantage of the repute of the McDONALD'S trade mark. .
By application lodged at the General Court Registry on 4 December 2017, The Green Effort brought an action against the contested decision, alleging that its application for restitutio in integrumhad been wrongly rejected, since it had been unable to send the documents proving genuine use of the contested mark due to technical failures in EUIPO's communication system.