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Did you 'Meister' the subtle art of CTM comparison? – Marques

  THURSDAY, 24 MARCH 2011Did you ‘Meister’ the subtle art of CTM comparison?In Judgment T-372/09, the General Court confirmed likelihood of confusion between CTM figurative GOLD MEISTER and earlier word trademark MEISTER for Class 14 goods which included ‘precious metals, and in particular jewellery, precious stones and semi-precious stones, and other gemstones’. It confirmed that for identical goods, the trademarks are similar from visual and phonetic point of view due to the common element MEISTER, which will be perceived as dominant. From a conceptual point of view, the relevant public will not understand MEISTER apart from the German-speaking public, and thus the additional element GOLD does not allow to establish a clear conceptual distinction between the trademarks

Poland: if you have any doubts… – MARQUES – Association of …

  MONDAY, 28 MARCH 2011Poland: if you have any doubts…The Voivodeship Administrative Court in Warsaw in its judgment of 18 January 2011 case file VI SA/Wa 1850/10 noted that the trade mark law of Western countries has developed the principle that in the event of a conflict between two signs all doubts should be decided in favor of the owner of a trade mark with the earlier priority. This principle is a simple consequence of the belief that the entrepreneur who choose a trade mark that will be used for marking the same type of goods and that is similar to the mark with an earlier priority, is acting at his or her own risk and all uncertainties should be decided against him/her. Posted by: Tomasz Rychlicki @ 10.38 Tags: similarity of goods, similarity of services, similarity of signs, trade mark refusal,     FRIDAY, 25 MARCH 2011Portugal: the creation of an IP courtUp until now, all the litigation in Portugal over Industrial Property rights (not over copyright matters) has been concentrated in two commercial courts (Lisboa and Vila Nova de Gaia), which were also competent in insolvency matters as well as in matters related to the day-by-day life of commercial companies.