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In <i>Diageo Brands BV v Henry J Archer & Sons Limited</i>, the acting controller has held that where the owner of an earlier trademark raises an objection in opposition proceedings, the controller is obliged to refuse registration of a mark that was initially accepted based on a claim of honest concurrent use with the earlier trademark.
30 January 2008
The European Communities (Misleading and Comparative Marketing Communications) Regulations 2007 have come into force. The regulations proscribe a range of categories of misleading or deceptive conduct in trade. They extend the Irish unfair competition regime and will in many circumstances offer an additional cause of action in cases involving passing off or trademark infringement.
25 January 2008
The acting controller has dismissed an opposition filed by Cuisine de France Limited against the registration of the mark CUISINE EXPRESS based on the earlier registered trademark CUISINE DE FRANCE. Among other things, the acting controller held that the fact that both marks commence with the word 'cuisine' is counterbalanced by the clear visual differences between 'de France' and 'express'.
22 January 2008
<i>In Pierre Fabre Dermatologie v ER Squibb & Sons LLC</i>, the acting controller has upheld the opposition filed by ER Squibb & Sons LLC against Pierre Fabre Dermatologie's application to register the trademark MYCOSTEN on the grounds that there was a likelihood of confusion with Squibb's earlier registered trademark MYCOSTATIN.
05 December 2007
Certain provisions of the Irish Trademarks Act 1996 and the Trademarks Rules 1996 on the eligibility of persons established and qualified in other EU member states to act as trademark agents have been amended to allow such persons to act for another party in relation to trademark matters before the controller of patents, designs and trademarks in Ireland.
30 November 2007
In <i>Bus Eireann/Irish Bus v The Controller of Patents, Designs and Trademarks,</i> the High Court has set aside the controller's decision and granted Bus Eireann leave to file a response to additional evidence brought by an opponent to Bus Eireann's application to register a trademark. Applying Rule 23 of the Trademark Rules, the court held that a fair adjudication of the case took precedence over the procedural efficiency of the Patent Office.
03 October 2007
The Irish Patents Office has upheld the opposition filed by the holder of the Community trademark ZERO against the registration of the mark P ZERO. Citing the <i>SABEL Case</i>, the acting controller ruled, among other things, that the overall impression given by both marks is the same and that the marks apply to similar goods.
28 September 2007
In <i>Jarrett v easyGroup IP Licensing Limited</i>, the acting controller has dismissed easyGroup's opposition and allowed a series of trademarks consisting of the words 'easymoves' and 'easymove' to proceed to registration. The acting controller found that there was no likelihood of confusion with easyGroup's 'easy' prefixed trademarks.
26 September 2007
The acting controller at the Irish Patents Office has upheld an opposition against the registration of a UFIX word mark and a UFIX device mark for goods in Classes 1, 6, 7, 8, 17 and 20 of the Nice Classification. The acting controller held that the mark was likely to cause confusion with the opponent's UNI-FIX mark used for similar types of products.
11 September 2007
Despite criticizing the earlier decision issued by a hearing officer at the Irish Patents Office, the High Court agreed with the hearing officer's finding to dismiss an opposition against an application to register the mark TUB-ITS for storage containers for household/kitchen use in Class 21 of the Nice Classification. The court held that there was no likelihood of confusion with an earlier mark TOPPITS (and logo) covering similar goods.
12 July 2007
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