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<pubDate>Sun, 05 Feb 2012 13:33:03 +0000</pubDate>
<title>D Young &amp; Co | Articles &amp; Updates RSS</title>
<link>http://www.dyoung.com/articles</link>
<description>Latest Articles &amp; Updates from D Young &amp; Co</description>
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<title>General Court Rules Pollo Tropical CTM Not Applied For in Bad Faith </title>
<link>http://www.dyoung.com/legalupdate-pollotropical</link>
<pubDate>Fri, 03 Feb 2012 00:00:00 +0000</pubDate>
<guid>http://www.dyoung.com/legalupdate-pollotropical</guid>
<description><![CDATA[ Carrols Corp v OHIM - Mr Giulio Gambettola: Case T-291/09 On 1 February 2012, the General Court held that the Community trade mark (CTM) 'Pollo Tropical CHICKEN ON THE GRILL' (the mark), as registered by Mr Giulio Gambettola (the intervener), had not been applied for in bad faith. Background to the proceedings By way of background, having first started its commercial activities in 1991, Carrols Corp (the applicant) operates a chain of restaurants in the US under the name 'Pollo Tropical'. The... ]]></description>
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<title>Court of Appeal Rules in Favour of Specsavers in Dispute with Asda</title>
<link>http://www.dyoung.com/legalupdate-specsavers</link>
<pubDate>Wed, 01 Feb 2012 00:00:00 +0000</pubDate>
<guid>http://www.dyoung.com/legalupdate-specsavers</guid>
<description><![CDATA[ Specsavers has won the latest round in the high profile case revolving around Asda's optical advertising campaign which encouraged consumers to "be a real spec saver at Asda" and promoting "spec savings at Asda". In 2010 the High Court found that Asda's use of the phrase "be a real spec saver at Asda" infringed Specsavers' trade marks but the rest of Specsavers' case was dismissed.  Specsavers appealed and the Court of Appeal has now ruled that use of the phrase "spec savings at Asda" was also... ]]></description>
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<title>OHIM Accepts Potential for Change to Classification Practice</title>
<link>http://www.dyoung.com/legalupdate-ohimclasschange0212</link>
<pubDate>Wed, 01 Feb 2012 00:00:00 +0000</pubDate>
<guid>http://www.dyoung.com/legalupdate-ohimclasschange0212</guid>
<description><![CDATA[ As reported in our update of 29 November 2011 (see link, right), the Advocate General (AG) of the Court of Justice of the European Union (CJEU) issued his opinion in the IP TRANSLATOR case, coming down firmly in favour of trade mark specifications listing specific goods and services (the current UK IPO approach) rather than relying on class headings (the current OHIM approach).   The AG criticised the current OHIM practice, stating that it does not give sufficient clarity as to what is... ]]></description>
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<title>General Court Refuses VIAGUARA Mark for Dissimilar Goods Based on Reputation of VIAGRA</title>
<link>http://www.dyoung.com/legalupdate-viagura</link>
<pubDate>Thu, 26 Jan 2012 00:00:00 +0000</pubDate>
<guid>http://www.dyoung.com/legalupdate-viagura</guid>
<description><![CDATA[ Viaguara v OHIM - Pfizer, Case T-332/10 According to the General Court of the European Union, the sign VIAGUARA cannot be registered as a Community trade mark for drinks.  The Court has ruled that use of that sign is likely to take unfair advantage of the distinctive character or repute of the trade mark VIAGRA, owned by Pfizer Inc. In October 2005 the Polish company Viaguara S.A applied to OHIM for registration of the word VIAGUARA for energy drinks and alcoholic drinks.  Pfizer's earlier... ]]></description>
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<title>General Court Rules No Likelihood of Confusion Between 'Boomerang' Marks</title>
<link>http://www.dyoung.com/legalupdate-boomerang</link>
<pubDate>Wed, 25 Jan 2012 00:00:00 +0000</pubDate>
<guid>http://www.dyoung.com/legalupdate-boomerang</guid>
<description><![CDATA[ El Corte Ingl&eacute;s v OHIM, Case T-593/10  On 24 January 2012, the General Court of the European Union agreed with OHIM's Board of Appeal that there does not exist a likelihood of confusion between Jian Min Ruan's Community Trade Mark (CTM) application (the sign) and the earlier CTM    (the earlier mark) owned by El Corte Ingl&eacute;s.     The Parties did not dispute the Board of Appeal's findings that (1) the relevant public was the whole of the European Community, and (2) the goods in... ]]></description>
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<title>Patent Prosecution Highway Pilot Schemes Extended</title>
<link>http://www.dyoung.com/legaupdate-pphextension</link>
<pubDate>Tue, 24 Jan 2012 00:00:00 +0000</pubDate>
<guid>http://www.dyoung.com/legaupdate-pphextension</guid>
<description><![CDATA[ The US, Japanese and European patent offices have announced their agreement to extend their trilateral patent prosecution highway (PPH) pilot schemes, which were due to expire on 28 January 2012. In addition, the PCT-PPH scheme for international applications has also been extended by two years for the cases where the EPO, JPO or USPTO are either the search or examining body.   In brief, these schemes allow applicants to accelerate prosecution of an application at any of these patent offices if... ]]></description>
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<title>EPO Rule Changes from 1 April 2012</title>
<link>http://www.dyoung.com/update-epofees0412</link>
<pubDate>Tue, 17 Jan 2012 00:00:00 +0000</pubDate>
<guid>http://www.dyoung.com/update-epofees0412</guid>
<description><![CDATA[ Official Fees EPO official fees are going up.  The increase is generally in the region of 5% to 10%.  The new fees apply to payments made on or after 1 April 2012, except in the case of the fee for an international search and any transmittal fee which apply to international applications filed on or after 1 April 2012. Change to Grant Procedure There is some good news.  A reminder that, as we previously reported , Rule 71 EPC is being amended and new Rule 71a EPC introduced to avoid the... ]]></description>
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<title>General Court Rules Likelihood of Confusion Exists Between 'Ragolizia' and 'Favolizia' - Case T-462/09</title>
<link>http://www.dyoung.com/article-favolizia</link>
<pubDate>Fri, 13 Jan 2012 00:00:00 +0000</pubDate>
<guid>http://www.dyoung.com/article-favolizia</guid>
<description><![CDATA[ August Storck KG v OHIM: Case T-462/09 On 12 January 2012, the General Court of the European Union (the Court) agreed with OHIM's Board of Appeal that there exists a likelihood of confusion between the Community trade mark (CTM) Application for 'RAGOLIZIA' by August Storck KG and the earlier CTM for 'FAVOLIZIA' owned by Radio Televisione Italiana SpA.  The parties did not dispute the Board of Appeal's findings that (1) the relevant public was the whole of the European Community, and (2) the... ]]></description>
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<title>The Unified Patent Court - Views from the UK Parliament’s European Scrutiny Committee</title>
<link>http://www.dyoung.com/article-upcproposals</link>
<pubDate>Fri, 13 Jan 2012 00:00:00 +0000</pubDate>
<guid>http://www.dyoung.com/article-upcproposals</guid>
<description><![CDATA[ 2011 saw the Court of Justice of the European Union (CJEU) reject previous draft proposals for the establishment of a Unified Patent Court and Unitary Patent (as we reported in March 2011, see link, right).  Recognising this, the EU Commission made changes and pushed on with the new proposals at considerable speed. It had been hoped that they would have been finalised before the end of 2011 but as a result of opposition from some countries, companies and patent practitioners, this has not... ]]></description>
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<title>New Generic Top Level Domains (gTLDs) - A Date for Your Diary</title>
<link>http://www.dyoung.com/legalupdate-gtld1201</link>
<pubDate>Wed, 11 Jan 2012 00:00:00 +0000</pubDate>
<guid>http://www.dyoung.com/legalupdate-gtld1201</guid>
<description><![CDATA[ On 12 January 2012, the Internet Corporation for Assigned Names and Numbers (ICANN) will open the application window for the New Generic Top Level Domains (gTLD) Program.  The application process will be managed via ICANN's TLD Application System (also referred to as TAS) and it involves two key stages: (1) registration, and (2) application. The former is also quite complex and can take up to a few days to complete.  For this reason, ICANN has introduced two separate deadlines; prospective... ]]></description>
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