Time Non Of The Essence; Indians Alternative Upwards American Spelling

here), the IPKat completely overlooked a conclusion of the Court of First Instance inwards Case T-147/03 Devinlec Développement Innovation Leclerc SA v OHIM, T.I.M.E. ART Uluslararasi Saat Ticareti ve diş Ticaret AŞ. This is what it was all about.

T.I.M.E. applied to register equally a Community merchandise grade a figurative grade containing the give-and-take "quantum" for watches, clocks, straps together with related items inwards Class fourteen (top right). Devinlec opposed, citing an before French registration of a figurative grade containing the give-and-take "quantieme" for much the same goods inwards Classes fourteen together with 18, citing a likelihood of confusion (see smudgy illustration, left). After beingness challenged equally to before use, Devinlec showed prove that the grade had been used inwards a rather to a greater extent than legible assort (right).

The Opposition Division held that in that location had been proof of prior role that did non alter the telephone substitution grapheme of the mark; the marks were similar; the parties' respective goods were identical/similar together with that in that location was a likelihood of confusion. The Board of Appeal disagreed: notwithstanding the identity together with similarity of the goods covered past times the marks, it was necessary to bring trouble organisation human relationship of the circumstances inwards which the goods covered past times the before grade were marketed. Devinlec's watches together with sentry straps bearing its Quantieme grade were sold to the halt consumer only inwards E. Leclerc shopping centres. This beingness so, the visual together with phonetic similarities betwixt the marks together with their possible mutual allusion to the notion of quantity would non atomic number 82 the average consumer, were he to run into the grade applied for on ‘watches, clocks, sentry straps, sentry chains/bracelets, sentry bands, cases for watches together with for clocks’ inwards outlets other than E. Leclerc stores, to consider that the goods covered past times the marks originated from the same project or from connected undertakings. Devinlec's appeal was allowed past times the Court of First Instance, which nullified the Board of Appeal decision. The CFI said (with the Kat's emphases):

"104 Consideration of the objective circumstances inwards which the goods covered past times the marks are marketed is fully justified. The examine of the likelihood of confusion which the OHIM regime are called on to send out is a prospective examination. Since the item circumstances inwards which the goods covered past times the marks are marketed may vary inwards fourth dimension together with depending on the wishes of the proprietors of the merchandise marks, the prospective analysis of the likelihood of confusion betwixt 2 marks, which pursues an aim inwards the full general interest, that is, the aim that the relevant world may non endure exposed to the run a endangerment of beingness misled equally to the commercial beginning of the goods inwards question, cannot endure dependent on the commercial intentions, whether carried out or not, together with naturally subjective, of the merchandise grade proprietors.

105 On the other hand, the OHIM regime are permitted to bring into trouble organisation human relationship the objective atmospheric condition nether which the goods are marketed, inwards item inwards guild to determine the respective weight to endure given to the visual, phonetic together with conceptual aspects of the marks. Thus, if the goods covered past times a given grade are only sold on oral request, the phonetic aspects of the sign inwards query are saltation to own got greater significance for the relevant world than the visual aspects (citations omitted).

106 In that respect, the Court cannot bring the intervener’s declaration that the Board of Appeal did indeed bring into consideration, inwards this case, the objective circumstances inwards which the applicant’s goods are marketed inwards together with then far equally those goods are covered past times a category of marks which is sui generis, namely somebody labels or store brands. That claim fails to own got regard, first, to the fact that the goods bearing the before grade are non acquaint on the shelves of E. Leclerc shopping centres but inwards specialised points of sale which may endure situated inwards the shopping arcade surrounding those centres, and, secondly, the fact that, including in shopping centres, store brands coexist on the marketplace amongst other brands, roofing identical or similar goods, of other proprietors.

107 It follows that by taking into consideration inwards the assessment of the likelihood of confusion betwixt the marks the item circumstances inwards which the goods covered past times the before grade are marketed, the temporal upshot of which is saltation to endure express together with necessarily dependent only on the trouble organisation strategy of the proprietor of the mark, the Board of Appeal erred inwards law".

thinks this must endure right, though he has petty sympathy for anyone who submits such a blodgy, splodgy mess together with calls it an before figurative mark. Merpel adds, own got y'all seen the time-line for this case?

Application: Oct 1997
Opposition: Nov 1998
Opposition Division decision: Nov 2001
Appeal filed: Jan 2002
Appeal heard past times Board of Appeal: Jan 2003
Court of First Instance ruling: Jan 2006

How ironic that it is a instance involving watches that seems to bring together with then much fourth dimension ...
The thief of fourth dimension here and here


Shock, horror - the States patents riddled amongst errors

has received this "Presse release" (it's sent past times his friend Charlotte Presse, from CPA). The interesting bits read equally follows:

"According to statistics gathered past times examining the proofreading action of the Intellevate support staff inwards India, mistakes were identified inwards 98% of the sample patents. Of the 98%, 56% were made past times the the States Patent together with Trademark Office (USPTO) together with a farther 44% past times the prosecuting firm. Proofreaders flora that 2% of the patents contained serious mistakes that weakened the gist claims. Certificates of Correction were filed for an estimated 34% of the proofread patents.

Intellevate's Indian legal back upwardly center has proofread its 5,000th issued patent together with Intellevate expects to proofread 4% of the patents issued past times the USPTO inwards 2006.

Proofreading is an of import final pace inwards the procedure of obtaining a patent because it tin pose errors that tin comport upon the patent’s enforceability. According to Leon Steinberg, Intellevate’s CEO: “We uncovering errors inwards every issued patent nosotros review. Many of the errors are unimportant, but others, such equally missing claim, tin impair the enforceability of the patent. We pose the errors together with then that our clients tin determine if they desire to file a Certificate of Correction.”

is non surprised at the high grade of spelling mistakes anywhere that spell-checks are used, since people don't depository fiscal establishment fit to run into whether their sometimes right spellings own got been miscorrected. He is nevertheless surprised inwards the high grade of mistakes inwards patents, where (i) sensitivity to the meanings of words together with (ii) the frequency amongst which odd words together with neologisms are used ordinarily attracts a higher grade of initial proofing than inwards legal writing inwards general.

Spelling examine here
Scripps spelling bee here