Intellectual Property Community Trade Marks Likelihood of Confusion

In GfK AG v Office for Harmonisation in the Internal Market (OHIM) (2005), a companys application for a community trade mark was rejected on the grounds Haunted Mansion game there was a likelihood of confusion with a previously registered The Flash trade mark.

On 15 November 1999, the applicant applied for a Community Trade Mark (CTM) for the mark Online Bus in Class 35 in respect of drawing up statistics in the fields of economics, marketing, market research and market analysis, business consultancy, organisation consultancy, professional business consultancy, news agency services in the field of economics. The CTM application was accepted and proceeded to publication.

On 6 October 2000, BUS Betreuungs and Unternehmensberatungs GmbH commenced opposition proceedings against the CTM application on the grounds that there was a likelihood of confusion with its German trade mark, which was also registered in Class 35 in respect of a business consultancy.

The OHIM Opposition Division on 25 February 2003, refused the CTM application and the applicant appealed. OHIM rejected the appeal on the grounds that there was a high degree of similarity aurally between the two marks which would result in a likelihood of confusion for the German public.

The applicant further appealed this decision on the basis that:-

the registered mark had not been used in the form it was registered and so was in breach of Article 43(2) of Regulation No 40/94. The mark consisted Spider-Man movie of the word Bus and did not contain the words Betreuungsverbund fur Unternehmer und Selbstandige. The design and colour of the mark were also different from that registered;

the word Bus did not dominate the oppositions mark as it did for the applicants mark.

The court held that:

the differences between the registered mark and the applicants mark were not such as to alter the distinctive character of the mark in its registered form and;

even though there was a visual difference between the opposition and applicants marks, the high degree of similarity between the services and aural qualities of the two marks would still result in a likelihood of confusion on the part of the German public.

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RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

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How to Survive and Win in This Bear Market - Follow the Candlestick Patterns

The near-collapse of the entire financial system of the country unnerved most investors, and panicked some of them. Stock prices have been gyrating for days on end, pending Alien action figure resolution or non-resolution of the Administration's bailout proposal. Matters came to a head over this past weekend, and as of this writing we are being given some assurances that the contentious dispute has been resolved and that the effectuating legislation will be presented to the House today.

No doubt the recriminations will flare up again when many Members, who have not been parties to the negotiations, will have their chance to take the floor and voice their various outrages. The main difficulty 1953 Topps baseball cards that the horse escaped from the barn long ago. As is typical with Government, it is much better at addressing past issues or problems which have come to a head rather than anticipating them and acting in time to prevent damage. Most legislation is enacted in order to address or correct past problems. This case is no different.

In the face of a developing bear market and chaotic price moves, Super Mario can an investor do in order to protect his portfolio, and indeed all of his assets, from the precipitous decline in stock prices which many observers expect? First of all, he or she should come to understand that ups and downs in market prices are perfectly normal, and are to be expected. In other words, it is a fact that price action moves in up-and-down waves; and by definition, up-and-down waves reverse and go in the opposite direction. It follows that if one can read the signals and anticipate a change of trend, he or she will be ahead of the game.

More and more, professionals and investors are using the Japanese Candlestick format of financial price information when analyzing market action. The great advantage of Candlestick presentation is that it deals in visuals - pictures - rather than raw numbers. The eye instantly recognizes the formations which are shown by the pictures, some of which have a remarkable capacity to predict reversals of trend.

The investor need not, and should not, simply stand idly by on the sidelines while the value of his or portfolio declines in an ongoing bear market. He should take an active stance in learning what the Candlestick patterns mean and the effect which they have on prices in the days which follow their appearance. If the investor can spot reversals of trend as they are happening or about to unfold, it is possible to capitalize on short-term upside reversals, while at the same time maintaining a basic plan to be on the "short" side, recognizing that the major underlying trend is Down.

In order to establish such a "short" plan, the investor should utilize one of the most valuable defensive tools ever invented - the Inverse Fund. There are many of them on the market, offered by reputable houses. Some of them operate inversely as to the Dow Industrials; some inversely as to the S&P 500; and some inversely as to the NASDAQ 100. The Exchange-traded inverse funds arrived later, and have achieved great acceptance in the market. Their great advantage is that they are traded exactly like stocks.

The intelligent investor owes it to himself or herself to learn about these tools. If he or she adapts them to his or her own particular investment situation, they - in combination with an understanding of Candlestick trend reversal patterns - will help one to weather the storm and come through intact. href="candlewave.com">candlewave.com