Podcast Location:
Download it here [file size: 18.9 MB]
Categories:
Intellectual Property Law
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to advise the listener on the approach the courts will take when deciding whether a slogan can be registered as a trade mark. The speaker also explains the criteria for the registration of a community trade mark and the circumstances in which registration may be refused.

Outcomes:
After completing the course you will:
  • Understand the approach a court should take to deciding whether a slogan can be registered as a trade mark;
  • Know the settled case law principles when assessing whether a mark possesses distinctive character;
  • Know the main considerations relating to the registration and protection of a community trade mark.
Level:
Beginner Difficulty: 1 of 5
Classification:
Case Update
Sources and References:
  • Council Regulation (EC) No 40/94;
  • Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks Trade Marks Directive 2008/95/EC;
  • Trade Mark Act 1994 Case C-398/08 P;
  • Audi AG v OHIM Case C-304/06 P;
  • Eurohypo v OHIM [2008] ECR I-3297 Case C-64/02 P;
  • OHIM v Erpo Möbelwerk [2004] ECR I-1003;
  • Ansul BV v Ajax Brandbeveligung BV Case C-40/01;
  • The Sunrider Corp Case C-416/04 P;
  • Il Ponte Finanziaria SpA v OHIM Case C-234/06 P;
  • Adidas v Marca Mode (C-102/07, 10 April 2008.

This podcast examines the recent decision in Audi AG v OHIM Case C-398/08 P where the ECJ provided guidance on whether or not a slogan can be registered as a community trade mark. The the main considerations relating to the registration and protection of a community trade mark are also discussed.

podcast added 17/05/2010

Podcast last reviewed: 2011-07-05

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