Issue 038
  February 2014
Contents:
 

MARQUES welcomes Parliament vote on goods in transit

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Coexistence Agreement Workshop held in Zurich

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Rolex decision a victory for brand owners

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GI Team take part in Lisbon System Working Group

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Third Common Communication published

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OHIM website: list of errors available

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Forthcoming MARQUES events

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Media Roundup: LUSH v Amazon in keyword trial

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Disclaimer:
The views expressed by contributors to this newsletter are their own and do not necessarily reflect the policy and/or opinions of MARQUES and/or its membership.  Information is published only as a guide and not as a comprehensive authority on any of the subjects covered.  While every effort has been made to ensure the information given is accurate and not misleading neither MARQUES nor the contributors can accept any responsibility for any loss or liability perceived to have arisen from the use or application of any such information or for errors and omissions.  Readers are strongly advised to follow up articles of interest with quoted sources and specialist advisors.
 

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MARQUES welcomes Parliament vote on goods in transit
As part of the wider review of the EU trade mark legislation, the European Parliament has voted in favour of the amendments jointly tabled by MEPs Marielle Gallo and Bernhard Rapkay on provisions regarding counterfeit goods in transit.
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Coexistence Agreement Workshop held in Zurich
The latest MARQUES Coexistence Agreement Workshop was hosted by law firm MeyerLustenbergerLachenal in Zurich on 5th February.
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Rolex decision a victory for brand owners
The judgment of the CJEU in Martin Blomqvist v Rolex (Case C-98/13 February 2014) is a stunning victory for brand owners – in more than one sense, as Ian Lowe explains.
Read More >>
GI Team take part in Lisbon System Working Group
Members of the MARQUES Geographical Indications Team were present for all five days of the 8th Session of the Working Group on the Development of the Lisbon System (Appellations of Origin) in Geneva, Switzerland from 2nd to 6th December 2013.


Representing the GI Team were Chair Miguel Angel Medina, Vice-Chair Keri Johnston and Professor Jürg Simon, who intervened in the Working Group’s Session as appropriate. MARQUES was invited as an observer at the 8th Session of the Working Group.

The GI Team intervened to request a direct and clearer formulation of the definitions of appellation of origin and geographical indications in Article 2. The Chair of the Working Group made clear that geographical indications as foreseen in the draft were not only denominations, but also symbols, etc.

MARQUES has been in attendance and represented by its members for all meetings of the Working Group since its inception in March 2009 and anticipates attending an additional two meetings in 2014, prior to the commencement of the Diplomatic Council’s upcoming review of the draft revised Lisbon Agreement on Appellations of Origin and Geographical Indications.

Keri also represented the GI Team at the Conference on Dispute Settlement within the Lisbon System on the morning of 6th December 2013, which was a special half-day side event held at WIPO headquarters, focusing on the possible development of a dispute resolution mechanism within the framework of the Lisbon System; the experiences with Appellations of Origin and Geographical Indications enforcement; and the dispute settlement services offered by WIPO.

Subsequently, the GI Team representatives resumed their attendance of, and discussions at, the 8th Session of the Working Group until the conclusion of the Session on the same day.

Working documents pertaining to the Working Group and a summary of the events at the Conference can be found on WIPO’s website.

This article was contributed by members of the MARQUES GI Team.

Third Common Communication published

 

OHIM website: list of errors available

On 20th February EU national IP offices, participating user associations and OHIM published on their respective websites a third Common Communication in relation to the IP Translator ruling. This aims to provide clear, concise and consistent information on the acceptability of classification terms.   OHIM has provided further updates on the difficulties that users have experienced with its new website since the report in last month’s issue of HouseMARQUES.
Read More >>   Read More >>

Forthcoming MARQUES events

 

Media Roundup: LUSH v Amazon in keyword trial

Update your calendar with all the MARQUES events planned for the coming year.   Posts on the Lush v Amazon case, the representation of a yellow curved line and the Gautzsch design case were among those featured on the MARQUES blogs this month.
Read More >>   Read More >>

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