Examples of using Devoid of any distinctive character in English and their translations into Polish
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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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Financial
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Official/political
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Programming
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Computer
However, a mark which is devoid of any distinctive character cannot.
However, Article 7(1)(b)of the regulation refers expressly to‘trade marks which are devoid of any distinctive character.
Trade marks which are devoid of any distinctive character;
Community trade mark- Definition andacquisition of the Community trade mark- Absolute grounds for refusal- Marks devoid of any distinctive character.
The exclusion of signs devoid of any distinctive character under Article 3(1)(b) of the Directive.
OPINION OF MS TRSTENJAK- CASE C-304/06 P a general rule also devoid of any distinctive character.
EUROHYPO v OHIM elements, considered separately, is devoid of any distinctive character does not mean that their combination cannot present a distinctive character. .
By its judgment of 10 October 20074, the Court upheld the action,concluding that OHIM had made an error of law in holding that the mark applied for was devoid of any distinctive character.
There is no reference to marks which are devoid of any distinctive character, as provided for in Article 3(1)b.
Appeal- Community trade mark- Regulation(EC) No 40/94- Article 7(1)(b)- Word mark EUROHYPO- Absolute ground for refusal of registration- Trade mark devoid of any distinctive character.
According to the Community Trade Mark Regulation 1,a trade mark which is devoid of any distinctive character may not as a general rule be registered.
By decision of 20 October 2004, the examiner rejected the application for registration pursuant to Article 38 of Regulation No 40/94,on the ground that the word mark was devoid of any distinctive character.
The three-dimensional shape of the bar is devoid of any distinctive character and Mars has not proved that the shape has acquired distinctive character through use in the entire Community.
In December 2003, Ludwig Schokolade, a German chocolate maker,filed an application for a declaration that the Community trade mark was invalid on the ground that it was devoid of any distinctive character.
EUROHYPO v OHIM descriptive of‘financial affairs; monetary affairs; real estate affairs; provision of financial services; financing' and that it was,therefore, devoid of any distinctive character within the meaning of Article 7(1)(b) of Regulation No 40/94, at least in Germanspeaking countries, and that that ground was sufficient, under Article 7(2) of that regulation, to justify a refusal of protection.
It follows that, in accordance with the findings in paragraph 45 above,there is no need to examine whether the Board of Appeal put forward other grounds for finding that the mark applied for was devoid of any distinctive character.
Community trade mark- Definition andacquisition of the Community trade mark- Absolute grounds for refusal- Marks devoid of any distinctive character(Council Regulation No 40/94, Art. 7(1)(b)) see paras 35, 38, 39, 44.
By letter of 21 February 2002 the examiner informed Prodis that thesign in question was not capable of being registered by virtue of Article 7(1)(b) of Regulation No 40/94 since it is devoid of any distinctive character.
Community trademark- Definition and acquisition of the Community trademark- Absolute grounds for refusal- Marks devoid of any distinctive character(Council Regulation No 40/94, Art. 7(1)(b)) see paras 26, 31.
The Board of Appeal… lawfully found that the word sign EUROHYPO was descriptive of“financial affairs; monetary affairs; real estate affairs; financial services and financing” in Class 36 and was,therefore, devoid of any distinctive character.
The foregoing considerations will assist the Hoge Raad if it takes the view, having regard to the factual uncertainty referred to in paragraph30 of this Opinion, that the three stripes of adidas were initially devoid of any distinctive character within the meaning of Article 3(1)(b) of the Directive.
Case C-304/06 P: Eurohypo AG v Office for Harmonisation in the Internal Market(Trade Marks and Designs)(OHIM)Appeal- Community trade mark- Regulation(EC) No 40/94- Article 7(1)(b)- Word mark EUROHYPO- Absolute ground for refusal of registration- Trade mark devoid of any distinctive character.
On the second plea in law, the Court of First Instance first of all referred to settled caselaw, according to which a word mark that is descriptive of the characteristics of the goods or services concerned for the purposes of Article 7(1)(c) of the regulation is, on that account,necessarily devoid of any distinctive character in relation to the same goods or services for the purposes of Article 7(1)(b)of the regulation paragraph 44.
By decision of 21 October 2005, as rectified on 16 November 2005(‘the contested decision'), the Second Board of Appeal allowed the intervener's appeal, annulled the decision of the Cancellation Division andordered the removal from the register of the mark, on the ground that the mark was descriptive for the purposes of Article 7(1)(c) of Regulation No 40/94 and devoid of any distinctive character within the meaning of Article 7(1)(b) of that regulation.
The applicant considers that that figurative element is highly distinctive, in contrast with the prefixof the conflicting marks, which is devoid of distinctive character as regards the goods covered.
If the answer to Question 1 is in the affirmative: does it, further,make any difference whether the sign contested by the holder of a trade mark is devoid of distinctive character, within the terms of Article 3(1)(b)of the Directive… or contains a designation, within the terms of Article 3(1)(c) of the Directive?
Cited in footnote 23, points 80 and 81:‘… I believe that the Court misinterpreted Article 7(1)(b) of the regulation by basing its conclusion,that the sign in question is devoid of distinctive character, on its finding that“the overall mark is likely to be commonly used in trade to present the goods and services” referred to in the application for registration.… I conclude that the contested judgment is vitiated by the same errors of law as the judgment in SAT.1 v OHIM(SAT.2), cited above.
In addition, the acquisition of that distinctive character must be demonstrated in the part of the Community where the mark was initially devoid of any such character. .
In relation to the services in question, the word sign EUROHYPO, for which registration is sought for‘financial affairs; monetary affairs; real estate affairs; provision of financial services;financing' in Class 36, within the meaning of the Nice Agreement, is devoid of distinctive character within the meaning of Article 7(1)(b) of Regulation No 40/94 on the Community trade mark.
This picture considered as a graphical trademark should not be seen as devoid of the distinctive character for such goods as bread or milk.