Примери за използване на The distinctive character на Английски и техните преводи на Български
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Colloquial
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Official
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Medicine
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Ecclesiastic
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Ecclesiastic
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Computer
EU member states may provide that this provision also applies where the distinctive character was acquired after the date of application for registration or after the date of registration.
Any Member State may in addition provide that this provision shall also apply where the distinctive character was acquired after the date of application for registration or after the date of registration.
It cannot therefore constitute a relevant factor for determining whether the use of the sign takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark.
it must be held that the fact that the relevant public is a specialist one cannot have a decisive influence on the legal criteria used to assess the distinctive character of a sign.
(2) Use of a trademark by the proprietor in a form differing in elements which do not alter the distinctive character of the trademark in the form in which it was registered in one of the countries of the Union shall not entail invalidation of the registration
(2) Use of a trademark by the proprietor in a form differing in elements which do not alter the distinctive character of the mark in the form in which it was registered in one of the countries of theUnion shall not entail invalidation of the registration
Thus, the distinctive character of a mark cannot be assessed by carrying out solely an analysis of its descriptive character within the meaning of Article 7(1)(c),
acquisition of the Community trade mark- Absolute grounds for refusal- Separate assessment of the different grounds for refusal- Interpretation of the grounds for refusal in the light of the general interest underlying each of them- Assessment of the distinctive character of a trade mark analysing only the descriptive character of the mark.
The distinctive character of a trade mark within the meaning of Article 7(1)(b) of Regulation No 207/2009 means that
as regards colour marks, the distinctive character of a sign must be proved by evidence of long-term significant use of the sign.
mark in inverse colour, it also rejected the distinctive character of the mark through use of the mark under Article 7(3) and Article 52(2)
adopts the view that the criteria for assessing the distinctive character of three-dimensional marks consisting of the appearance of the goods themselves do not differ from those applicable to the other categories of trade marks Freixenet/ OHIM.
without due causetakes unfair advantage of, or is detrimental to, the distinctive character orthe repute of the trade mark.
without due causetakes unfair advantage of, or is detrimental to, the distinctive character orthe repute of the trade mark.
due cause takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark.
Case T-477/04: Aktieselskabet af 21. november 2001 v Office for Harmonization in the Internal Market(Trade Marks and Designs)(OHIM)(Community trade mark- Opposition proceedings- Application for Community word mark TDK- Earlier Community figurativemark TDK- Earlier national word or figurative marks TDK- Relative ground for refusal- Reputation- Taking unfair advantage of the distinctive character or the reputation of the earlier mark- Article 8(5) of Regulation(EC) No 40/94).
trade mark under Article 7(3) of Regulation No 207/2009, the distinctive character acquired through the use of the same mark must be proved in the part of the Union,
(Community trade mark- Opposition procedure- Application for the Community figurative mark CAMELO- Earlier national figurative mark CAMEL- Relative ground for refusal- No risk of profit derived unduly from, and no risk of detriment to, the distinctive character and reputation of the earlier mark- Article 8(5) of Regulation(EC) No 40/94- No infringement of the rules of the appeal procedure- Article 74 of Regulation No 40/94).