CLASS 46
Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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WEDNESDAY, 24 JUNE 2009
It pays to be a (trade mark) bully
Some other interesting data from the study: leaders (proprietors of the older mark) win (only) 41% of opposition cases (this includes partial wins; i.e. limited to certain goods). Oppositions based on CTMs are more successful than those based on national marks. An unopposed application takes on average 1.76 years from filing to registration. An opposed one about 3 years if the parties settle, and about 4.5 years if the opposition is adjudicated. 25% of opposition cases are generated by firms opposing more than 6 times.
See here for a PowerPoint presentation of the study (lawyers beware, formulae).
Posted by: Mark Schweizer @ 08.48
Tags: CTM opposition, OHIM,
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Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA1163
It pays to be a (trade mark) bully
His main conclusions:
- Descriptive evidence suggests that firms may acquire a reputation for aggressive opposition behaviour.
- A sample selection model of trade mark opposition supports this view.
- Reputation increases ability of leaders to extract settlements from followers.
Some other interesting data from the study: leaders (proprietors of the older mark) win (only) 41% of opposition cases (this includes partial wins; i.e. limited to certain goods). Oppositions based on CTMs are more successful than those based on national marks. An unopposed application takes on average 1.76 years from filing to registration. An opposed one about 3 years if the parties settle, and about 4.5 years if the opposition is adjudicated. 25% of opposition cases are generated by firms opposing more than 6 times.
See here for a PowerPoint presentation of the study (lawyers beware, formulae).
Tags: CTM opposition, OHIM,
Sharing on Social Media? Use the link below...Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA1163
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