Posted by: Arturo Reyes in well-known marks, Well Known Marks, Trademarks, trademark, Trade Marks, Trade Mark, Reyes Fenig, Reputated Marks, Mexico, famous marks on
Oct 14, 2008
The Mexican statute provides explicit protection for well-known trademarks since the Law of Patents and Trademarks of 1976. Before the 1976 statute, there is evidence of direct application of the stipulations stated in Paris Convention to fill the gaps in the Mexican statute, but none of the published decisions refer to well-known trademarks.
On June 16, 2005, the Federal Congress amended the Industrial Property Law to introduce important modifications to the provisions regarding the protection of well-known trademarks.
Before the amendment, there were two ways a trademark could be acknowledged as well-known in Mexico:
a) If the Instituto Mexicano de la Propiedad Industrial or Mexican Patent and Trademark Office (MPTO) rejected a trademark application, arguing that it was identical or
The Delhi High Court has dismissed a plea by India Habitat Centre here to restrain a person from using the words "Habitat Centre" submitting that it had an exclusive trade mark right over them.
India Habitat Centre, a prominent club on Lodhi Road in the Capital, had urged the Court to restrain Sunita Aeren of Ghaziabad from using the two words for her upcoming new club at Indirapuram in Ghaziabad. Ms. Aeren has named her club Indirapuram Habitat Centre.
Dismissing the plea, Justice S. N. Dhingra said: "The words denote only a centre providing services in relation with the environment and assembly of people for various activities. The two words cannot be the exclusive property of India Habitat Centre. Neither Habitat nor Centre can be allowed to become a property of any person singly or
Posted by: Miriam Hackmey in well-known marks, Well Known Marks, Trademarks, trademark, Trade Marks, Lawsuits, law, Israel, famous marks, Decision on
Jul 02, 2008
"Local" VERSACE registrations removed from Israeli Trade Mark Register
In a recent decision dated 29 June 2008, the Israeli Intellectual Property Adjudicator ordered the removal from the register of five registrations in respect of the trade mark Versace in various forms including Hebrew versions of the mark. The registrations were almost 20 years old.
The Israeli proprietor of the removed registrations, Versace 83 Ltd. owned by the Zadik Fur Bros., obtained the registrations at the time after the well known Italian fashion house Gianni Versace S.p.A. withdrew its oppositions. Since 2000, following the expansion of the Israeli "VERSACE" chain and the opening of many branches in prime locations, Gianni Versace S.p.A. took various actions in order to stop the commercial use of the mark and
The Israeli Trademark office rules to allow an Israeli company ("Musica Plus") to continue with registration of the trademark "Love Parade", and erased applications of Love Parade Berlin GmbH, a German company holding "love parades" all over the world.
The trademark office ruled that in a proceeding according to section 29 of the Israeli Trademark Act (Competing
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