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Public Policy concerns in OHIM practice

Public Policy concerns in OHIM practice. Liaison Meeting April 2012. Trigger.

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Public Policy concerns in OHIM practice

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  1. Public Policy concerns in OHIM practice Liaison Meeting April 2012

  2. Trigger In its judgment of 20/09/2011, T-232/10, ‘Soviet Coat of Arms’, the General Court held that the concepts of ‘public policy’ and ‘acceptable principles of morality’ must be interpreted not only with reference to the circumstances common to all Member States but by ‘taking into account the particular circumstances of individual Member States which are likely to influence the perception of the relevant public within those States’

  3. Implementation • Under Article 7(1)(f)CTMR: • Taking into account “regional” concerns. • A clear distinction between Public Policy and Accepted Principles of Morality. • UnderArticle 7(1)(i)CTMR: • Protection extendedtosigns of particularinterest in a part of Member State. • Underlining TPOs asmainsource of objectionwherepublicinterestis not found in international legal instrument.

  4. Implementation • 7(1)(f) CTMR • Common Position 2001/931/CFSP on the application of specific measures to combat terrorism containing a list of individuals and groups facilitating, attempting to commit or committing terrorist acts in EU territory. A CTM applied for which can be deemed as supporting or benefitting an individual or a group on that list will be rejected as being against public policy. The same should apply to any individual or group on a comparable list in one of the Member States. • In certain Member States, the use of the symbols and names of Nazi organisations is forbidden. Use of such symbols is prohibited in Germany (§ 86a German Criminal Code) and in Austria (§ 1 Austrian Law on Insignias). In such cases, as well as in any other case in which national legislation forbids the use of specific signs or insignia, any CTM applied for will be refused.

  5. Implementation • 7(1)(i) CTMR • Olympic symbol as defined in the Nairobi Treaty on the Protection of the Olympic Symbol. According to the definition in the Nairobi Treaty, ‘the Olympic symbol consists of five interlaced rings: blue, yellow, black, green and red, arranged in that order from left to right. It consists of the Olympic rings alone, whether delineated in a single colour or in different colours.’ • Municipalemblems???

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