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Examination of languages other than the official national language Višnja Kuzmanović

Examination of languages other than the official national language Višnja Kuzmanović September, 2012. Agenda:. Languages of reference - Office practice Absolute grounds for refusal (AG) - examples Relative grounds (RG) - examples. Languages of reference.

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Examination of languages other than the official national language Višnja Kuzmanović

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  1. Examination of languages other than the officialnational language Višnja Kuzmanović September, 2012

  2. Agenda: • Languages of reference - Office practice • Absolute grounds for refusal (AG) - examples • Relative grounds (RG) - examples

  3. Languages of reference • No provisions in the national legislation or in the TM Guidelines as regards the languages of reference • Office practice is equally applied for the AG and RG procedures: • The assessment: • the consumer perspective in relation to the applied goods and • services: • AG for refusals: lack of minimum distinctiveness, descriptiveness, customary in the everyday practice, deceptive, contrary to the public policy… • RG : assessment of the degree of distinctiveness

  4. Languages of reference • Official national language: Croatian • Foreign languages of reference: English • Regional languages of reference: Languages of former Republics of Yugoslavia Federation • Minority languages of reference • (the most frequently represented): Italian (official language in the Istrian region) Serbian

  5. Languages of reference • Considered to be understood: • English, Italian by a large number of people • French, German, Russian, Latin exceptionally for the commonly known words • Bosnian, Serbian by a high majority of population • even if written in Cyrillic

  6. AG refusals • English TOPGEAR - high quality equipment • IR no. : 950 963 • (non distinctive) • Cl. 12, 28:Cars and toys • TIMBER ART - work of art in wood • IR no. : 955 845 • (descriptive) • Cl. 19: wood products, floors covering • ACCELERATING SUCCESS - speeding-up success • No.: Z20112173 • (laudatory) • Cl. 16, 35, 36: • Real-estate marketing and consulting services • and related marketing publications

  7. AG refusals • Italian - guarantee bank • IR no. : 971 886 • (descriptive) • Cl. 36 :Bank and insurance services • “vettura” = vehicles • vehicles renting • No. : Z20050799 • (non distinctive) • Cl. 39 :Car renting • Acquired distinctiveness: YES • SerbianLEPOTA i ZDRAVLJE- beauty and health • IR no.: 959849 • (non distinctive) • Cl. 16, 35, 41: Magazines, • marketing, education, seminars

  8. AG refusals • For the commonly known words: • French BEIGE - yellowish brown colour • IR no: 450131 A • (descriptive) • Cl. 3:Cosmetics • German - European Travel Insurance • (non-distinctive) • IR. No.: 936317 • Cl. 36, 39, 43 • Travel insurance, • travel agency services, • hotel reservations • Latin HERBA DALMATICA - Dalmatian herbs • (non-distinctive) • No.: Z20070150 • Cl. 32, 33 • Non-alcoholic • and alcoholic beverages

  9. RG examples • English: • Earlier TM:Application: • Z20101255Z20101777 • LATE NIGHT SHOPPING • SHOPPING NIGHT/LATE NIGHT SHOPPING semantically similar. • Opposition upheld.

  10. RG examples • Russian: • Earlier TMApplication • Z0740338 IR 858 764 • Adjectives MOSKOVSKAYA (f.) Latin Alphabet / MOSKOVSKII(m.)in Cyrillic Alphabet • semantically similar(with the identical meaning “from Moscou”) • Opposition rejected – g&s not similar

  11. English – French • Earlier TMApplication • Z20021187Z20110704 • ACCESSORIZE • ACCESSORIZE/ACCESSOIRES • English verb “accessorize” =. to furnish with accessories> • an object or device notessential in itself but adding to the beautyof something else • semantically similar to French noun “accessoires”. • Opposition rejected.

  12. HVALA ! • Croatian word for • THANK YOU!

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