Примери за използване на Mark at issue 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 first claim,alleging misinterpretation of the mark at issue.
Secondly, the applicant acknowledges that the mark at issue was validly registered as a figurative mark. .
(1) Taking into account the extremely simple character of the mark at issue.
The Board of Appeal found that, in that situation, the‘dimensions' of the mark at issue were no longer met(paragraph 42 of the contested decision).
Evidence of use of the mark at issue and the acquisition by that mark of distinctive character throughout the European Union.
Moreover, Hartwall has clarified that it seeks to register the mark at issue as a colour mark. .
The Board of Appeal stated, first, that the mark at issue had been validly registered as a figurative mark(paragraph 20 of the contested decision).
Accordingly, those forms of use are relevant for the purposes of assessing whether the mark at issue has acquired distinctive character.
In that respect, it should be noted that the mark at issue is a figurative mark, containing no word element and presenting very few characteristics(point 36 of the present judgment).
Therefore, the Board of Appeal rightly dismissed those images on the ground that they were related to signs other than the mark at issue.
In those circumstances, it must be concluded that the mark at issue is an ordinary figurative mark and not a pattern mark. .
In particular, the Board of Appeal correctly found that there was a ratio of around 5 to 1 between the total height and width of the mark at issue.
This was, however, necessary, in particular because registration of the mark at issue was sought for headings that also include typical souvenirs.
Thus, the images, referred to in paragraphs 99 and 100 above,are related to forms of use that differ from the form in which the mark at issue has been registered.
That ground is based, first,on a misinterpretation of the mark at issue and, secondly, a misapplication of the‘law of permissible variations'.
That evidence is supplied in respect of the entire territory of the European Union, andalso solely in the light of the evidence showing the mark at issue in its registered form.
In particular, the three parallel equidistant stripes constituting the mark at issue could be extended or cut in different ways, including cut at a slanted angle.
That plea was composed of two parts, alleging, first, incorrect interpretation of that provision and, second,incorrect assessment of the subject-matter of the mark at issue.
On the other hand, it took the view that it was not required to consider whether the mark at issue was such as to mislead the public for the purposes of Article 7(1)(g) of Regulation No 40/94.
The differences constitute significant changes so that the forms of use in question cannot be regarded as broadly equivalent to the registered form of the mark at issue.
It follows that those surveys are, in principle, relevant evidence for the purposes of establishing that the mark at issue has acquired distinctive character following the use which has been made of it.
The applicant submits that it produced, in respect of each Member State, other documents relating, inter alia,to its turnover and the amount of investment made to promote the mark at issue.
The applicant, supported by the intervening association, submits that, contrary to what the Board of Appeal found,the use of the mark at issue in the form where the colour scheme is reversed does not alter the distinctive character of that mark. .
However, it is not apparent from the documents annexed to the application that they contain a significant body of evidence representing signs which are broadly equivalent to the registered form of the mark at issue.
It must be observed at the outset that, in order to demonstrate that the mark at issue has acquired distinctive character, the applicant cannot rely on all of the evidence which shows a mark consisting of three parallel equidistant stripes.
The application for revocation was notified to[Centrotherm Systemtechnik] on 15 February 2007, which was invited to submit any comments andproof of genuine use of the mark at issue within a period of three months.
Consequently, first, the Board of Appeal did not err in interpreting the mark at issue and, secondly, the applicant is not justified, in any event, to rely on the principle of protection of legitimate expectations in order to challenge that interpretation.
In paragraphs 45 to 64 of the judgment under appeal, the General Court analysed and rejected the first part ofMondelez's first plea in law, concerning the lack of use of the mark at issue in the form in which it had been registered.
The General Court notes that EUIPO did not commit an error of assessment in finding that adidas had not proved that the mark at issue had been used throughout the territory of the European Union and that it had acquired, in the whole of that territory, distinctive character following the use which had been made of it.
Van Haren appealed against that judgment to the national court, the Rechtbank Den Haag(Court of First Instance, The Hague), relying on Article 2(1)(2)of the Benelux Agreement to the effect that the mark at issue was invalid.