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Intellectual Property Law

: IPKat

Today's latest Community trade mark decisions: too hot for non-linguists!

By Johanna Gibson, David Pearce, Jeremy Phillips and Ilanah Simon.

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Please help the Kats. There are three fresh appeals against decisions of the OHIM Boards of Appeal concerning Community trade mark applications on the Curia website today. They all have pretty pictures but none is in English. If any kind reader can let the Kats know what these decisions are about and whether they contain any interesting or novel points, can they please post a Comment to that effect below. These cases are as follows:

* Joined Cases T?303/06 and T?337/06, UniCredito Italiano SpA v OHIM, Union Investment Privatfonds GmbH. There the dispute looks as though it turns on possible likelihood of similarity between the word marks UNIWEB and UniCredit Wealth Management on the one side and the words UNIFONDS, UNIRAK and the figurative mark UNIZINS (right) on the other.

* Case T?109/08 Freixenet, SA v OHIM. This appeal appears to involve the registrability of the shape on the left, which looks to the feline eye as though it's a bottle containing a yellow liquid.

* Case T?392/06, Union Investment Privatfonds GmbH v OHIM, Unicre-Cartão International De Crédito, SA. In this appeal the applicant's unibanco figurative mark appears to be involved in a tussle with a family of opposing figurative uni-marks (UniVario, UniZerio and UniFlexio).

It seems to the IPKat that, even if the sheer volume of appeals against Board of Appeal decisions has not continued to rise the need to translate decisions of the General Court has not abated, especially since that court has a long and distinguished tradition of citing its own decisions and it really does make for enhanced understanding and greater appreciation of how the system works if cases can be made available in the most frequently-used international languages.. None of these three decisions are available either in English or in Spanish.

Full post as published by IPKat on April 27, 2010 (boomark / email).