Примери за използване на Earlier 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
If the earlier mark is in colour, the representation shall be in colour;
Confusion includes the likelihood of association with the earlier mark.
(e) a representation of the earlier mark as registered or applied for;
Moreover, the trademark applied for does not constitute an unlawful imitation of the earlier mark.
In addition, the earlier mark has a weak distinctive character and is even generic.
Хората също превеждат
(vi) a representation and, where appropriate,a description of the earlier mark or earlier right;
Which is identical with an earlier mark when the commodities orthe services of the declared one and of the earlier mark are identical;
Against this mark an opposition was filed based on an earlier mark EURIMARK for classes 35, 41, 42 and 45.
(ii) where available, the file number or the registration number and the filing date,including the priority date of the earlier mark;
If the opponent fails to provide evidence about the use of the earlier mark, the opposition is to be rejected.
If an earlier mark and/or an earlier right has more than one proprietor(co- ownership), the opposition may be filed by any or all of them.
Where the opposition is based on more than one earlier mark or earlier right, paragraphs 2 and 3 shall apply for each of these rights.
The earlier mark covers goods and services falling within Classes 12, 21 and 37 of the Nice Agreement and corresponding, for each of those classes, to the following description.
Lack of evidence of genuine use of the earlier mark in accordance with Article 42(2) and(3) of Regulation No 2017/1001.
The General Court incorrectly found that the lntervener had fulfilled the use requirements concerning all goods of class 25 the earlier mark is registered for.
The opposing party shall, when indicating all the goods and services for which the earlier mark is protected, also indicate those goods and services on which the opposition is based;
According to the court there is clear similarity between“Creating anddatabase administration…” and“Design and development of computer hardware and software…” in the earlier mark.
The filing date and, where available, the registration date andthe priority date of the earlier mark, unless it is an unregistered well-known trade mark; .
It follows that the average Austrian consumer will make that distinction when comparing the wine covered by the mark applied for andthe nonalcoholic beverages covered by the earlier mark, MEZZO.
The name and address of the licensee of the exclusive license of the earlier mark, as well as details of the, entered license agreement when the opposition is submitted by the licensee;
Moreover, the uncontested reputation of the MEZZOMIX mark increases the likelihood of confusion between that earlier mark and the mark applied for, MEZZOPANE.
In addition, it has been held that the more distinctive the earlier mark, the greater the likelihood of confusion(SABEL, cited above in paragraph 18, paragraph 24).
In the examination ofthe opposition brought on the basis of Article 8(1)(b) of Regulation No 40/94 on the Community trade mark by the owner of an earlier mark, account may be taken of evidence.
That is notably the case when the earlier mark, which used to arouse immediate association with the goods and services for which it is registered, is no longer capable of doing so.'(62).
The General Court made a number of errors in relation to identifying the services in class 36 for which it held that the earlier mark had a reputation and thus distinctive character, and.
Thus, even in a case involving an earlier mark of weak distinctive character, there may be a likelihood of confusion on account, in particular, of a similarity between the signs and between the goods or services covered.
Second, it erred again at paragraph 105 in dismissing the argument that the shape of the earlier mark was necessary to obtain a technical result, without examining the substance of that argument.
Article 8 of Regulation No 40/94 provides, essentially,that a relative ground for refusal of registration of a Community trade mark exists only if there is a conflict between the Community trade mark for which registration is sought and another earlier mark.
Community trademark- Observations of third parties and opposition- Examination of the opposition- Proof of use of the earlier mark Council Regulation No 40/94, Art. 43(2) and(3)(see paras 37, 64).
Nor did the General Court observe that the earlier mark is not highly or particularly distinctive, or that the term‘doghnuts' was not reproduced identically in the trade mark for which registration was sought.