Post on 01-Apr-2015
Examination of languages other than the official national
language
Višnja KuzmanovićSeptember, 2012
Agenda: • Languages of reference - Office practice
• Absolute grounds for refusal (AG) - examples
• Relative grounds (RG) - examples
Languages of reference • No provisions in the national legislation or in the TM
Guidelines as regards the languages of reference
• Office practice is equally applied for the AG and RG procedures:
The assessment: the consumer perspective in relation to the applied goods and
services:
AG for refusals: lack of minimum distinctiveness, descriptiveness, customary in the
everyday practice, deceptive, contrary to the public policy…
RG : assessment of the degree of distinctiveness
Languages of reference
Official national language: Croatian
Foreign languages of reference: English
Regional languages of reference: Languages of former Republics of Yugoslavia Federation
Minority languages of reference (the most frequently represented): Italian (official language in the Istrian
region) Serbian
Languages of reference
Considered to be understood:
English, Italian by a large number of people
French, German, Russian, Latin exceptionally for the commonly known words
Bosnian, Serbian by a high majority of population
even if written in Cyrillic
AG refusals
English TOPGEAR - high quality equipment
IR no. : 950 963 (non distinctive)Cl. 12, 28:Cars and toys
TIMBER ART - work of art in wood IR no. : 955 845 (descriptive) Cl. 19 : wood products, floors covering
ACCELERATING SUCCESS - speeding-up success
No.: Z20112173(laudatory)Cl. 16, 35, 36: Real-estate marketing and consulting services and related marketing publications
AG refusals Italian - guarantee bank
IR no. : 971 886 (descriptive) Cl. 36 :Bank and insurance services
“vettura” = vehicles
vehicles renting
No. : Z20050799
(non distinctive)Cl. 39 :Car renting Acquired distinctiveness: YES
Serbian LEPOTA i ZDRAVLJE - beauty and healthIR no.: 959849
(non distinctive) Cl. 16, 35, 41: Magazines, marketing, education, seminars
AG refusalsFor the commonly known words:
French BEIGE - yellowish brown colour IR no: 450131 A (descriptive)Cl. 3:Cosmetics
German - European Travel Insurance
(non-distinctive) IR. No.: 936317 Cl. 36, 39, 43 Travel insurance, travel agency services, hotel reservations
Latin HERBA DALMATICA - Dalmatian herbs (non-distinctive) No.: Z20070150 Cl. 32, 33 Non-alcoholic and alcoholic beverages
RG examples English:
Earlier TM: Application:Z20101255 Z20101777
LATE NIGHT SHOPPING
SHOPPING NIGHT / LATE NIGHT SHOPPING semantically similar.Opposition upheld.
Russian:
Earlier TM Application Z0740338 IR 858 764
Adjectives MOSKOVSKAYA (f.) Latin Alphabet / MOSKOVSKII (m.) in Cyrillic Alphabet semantically similar (with the identical meaning “from Moscou”)
Opposition rejected – g&s not similar
RG examples
English – French
Earlier TM Application Z20021187 Z20110704
ACCESSORIZE
ACCESSORIZE / ACCESSOIRES
English verb “accessorize” =. to furnish with accessories >
an object or device not essential in itself but adding to the beauty of something else
semantically similar to French noun “accessoires”.
Opposition rejected.
HVALA !Croatian word for
THANK YOU!