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LIBRARY
* Legal News
eu, is a new domain suffix for natural persons resident or companies with registered office or organizations, associations and foundations established within the European Community, which is due to be launched in the 7th of December 2005. Holders of registered rights have the opportunity to protect their marks if they apply during a Sunrise Period that opens 16 weeks ahead of public registration.
* Case Law
Second Instance Administrative Court of Athens No. 3028/2003
Final ruling on the trademark application “OPRAZOL”, which was rejected on the basis that it is a slavish imitation of the generic name “oprazole”.
Second Instance Administrative Court of Athens No. 4226/2002
“LASTIN” held registrable for pharmaceutical preparations despite the existence of the prior trademark registration “LASTIPEN”.
Trademarks Administrative Committee No. 8524/2004
Proof of bad faith. Trademark application “SECURITEST and coloured device” was held unregistrable and therefore cancelled as filed in bad faith and as taking unfair advantage of the earlier trademark rights of the French company “SECURITEST S.A.”, in spite of the fact that the French company does not own Greek or CTM trademark rights.
First Instance Administrative Court of Athens No. 4855/2002
“DILTEM” was found confusing similar to prior trademark registration “TILDIEM”.
First Instance Administrative Court of Athens No. 9970/2003
ROCK ICE, for goods in Class 32, held not descriptive, as it does not refer to the phrase “on the rocks” as the proprietor of the earlier mark “ICE” claimed.
First Instance Administrative Court of Athens No. 16282/2004
The trademarks Committe initially rejected the trademark application ROUGE on the basis of lacking distinctive character. FIAC acknowledged distinctiveness of the trademark ROUGE for clothing and footwear.
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