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Multilingual Trademark Examination Process

Explore the analysis of languages beyond the official national language in trademark examination. Learn about examples of absolute and relative grounds for refusal. Discover the languages of reference and their impact on trademark applications.

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Multilingual Trademark Examination Process

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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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