Alicante

AlacantAlicante, SpainAlicante/Alacant
The city serves as the headquarters of the European Union Intellectual Property Office and a sizeable population of European public workers live there. The campus of the University of Alicante lies in San Vicente del Raspeig, bordering the city of Alicante to the north. More than 27,000 students attend the University. Between 2005 and 2012 Ciudad de la Luz, one of the largest film studios in Europe, had its base in Alicante. The studio shot Spanish and international movies such as Asterix at the Olympic Games by Frédéric Forestier and Thomas Langmann, and Manolete by Menno Meyjes. It was shut down in 2012 for violating European competition law.

Trademark

trademarkstrade marktrademarked
The EU Trade Mark (EUTM) system (formerly the Community Trademark system) is the trademark system which applies in the European Union, whereby registration of a trademark with the European Union Intellectual Property Office (EUIPO, formerly Office for Harmonization in the Internal Market (Trade Marks and Designs)), leads to a registration which is effective throughout the EU as a whole. The EUTM system is therefore said to be unitary in character, in that an EUTM registration applies indivisibly across all European Union member states.

European Union

EUEuropeanEurope
The European Union (EU) is a political and economic union of member states that are located primarily in Europe. Its members have a combined area of 4,475,757 km2 and an estimated total population of about 513 million. The EU has developed an internal single market through a standardised system of laws that apply in all member states in those matters, and only those matters, where members have agreed to act as one. EU policies aim to ensure the free movement of people, goods, services and capital within the internal market, enact legislation in justice and home affairs and maintain common policies on trade, agriculture, fisheries and regional development.

Navarino Icons

On October 13, 2011, the Navarino Icons brand was registered as a European Union Community Trade Mark, with registration number 010038289, belonging to the Tourism Enterprises of Messinia S. A. (TEMES S.A.). An application for a United States federal trademark was filed by the Tourism Enterprises of Messinia S. A. (TEMES S.A.) on May 27, 2011; its serial number is 85332767, and the status is Notice of Allowance - Issued. Costa Navarino, which manages the Navarino Icons brand, is a Greek resort in Messinia. It was developed by the Tourism Enterprises of Messinia S. A. (TEMES S.A.), a resort development company founded by Vassilis C. Constantakopoulos.

Fucking Hell

The village's name inspired them to devise a humorous brand name, combined with the German word Hell for 'pale lager', and they applied to register a Community Trade Mark for "Fucking Hell". The European Union's Trade Marks and Designs Registration Office initially refused to grant a trademark for the beer on the grounds that it contained an expletive. However, Fellenberg and Krause argued that the name referred to the village in Austria and that Hell was an Austrian and Southern German term for pale lager.

Counteraction principle

In Les Éditions Albert René Sàrl v Office for Harmonisation in the Internal Market, Orange A/S, the applicants claimed that Community Trade Mark protection for Mobilix would risk confusing consumers on the basis that the trademarks were phonetically similar. OHIM accepted the registration of the mark on the basis that everyone knew the fictional character Obelix. The OHIM Board of Appeal allowed for opposition by the Paris-based publisher of the Obelix character for classes 9 and 35 of the Madrid System. However, for all other classes the appeal was dismissed, as the General Court (European Union) concluded that there should be no confusion over such a popular character.

Mad Dogg Athletics

On 21 Jul 2014, OHIM’s Cancellation Division issued its decision on an application by Czech company Aerospinning Master Franchising Ltd., s.r.o. to revoke a community trade mark "SPINNING": The CTM proprietor's rights in respect of Community trademark No 175 117 are revoked in their entirety as from 07/02/2012. In June 2010, Batavus recognizes Mad Dogg's trademarks, reaching a settlement and agrees to discontinue use of the Spinning trademarks in relation to the manufacture of Batavus' indoor cycling bikes.

Duff Beer

DuffDuff GardensDuff Brewery
Duff Beer UG applied for an EU Community Trade Mark (CTM) in 2009, which was opposed by Twentieth Century Fox. In 2011 the Office for Harmonization in the Internal Market decided in favour of Fox, and in 2012 Duff Beer UG appealed to the European Court of Justice (ECJ). Twentieth Century Fox had itself been granted a CTM for the logo "Duff BEER" for use in several categories of non-beer merchandise. Fox had applied for the CTM in 1999, but opposition from the makers of "Mac Duff's"-branded wine and spirits delayed the grant till 2006.

Age of the Tempest

Heroes of the Storm
According to the trademark database TMview, provided by the European trademark registry OHIM, Blizzard applied for an EU-wide Community trade mark in September 2013, which was registered in February 2014, whereas Mike Pohjola applied for a Finnish trademark in October 2013. In May 2014, the role-playing game changed its name to Age of the Tempest and Pohjola's trademark application was withdrawn. Official website. Publisher website. Distributor website.

Budweiser trademark dispute

a trademark disputeBudweiserlegal disagreements
In March 2009, Anheuser-Busch lost an appeal against the EU's Office for Harmonisation in the Internal Market (OHIM) decision to reject the registration of Budweiser as an EU-wide trademark for beer for Anheuser-Busch. The court pointed out that Budějovický Budvar had proven that it had been using the trade mark during at least the five years preceding the publication of Anheuser-Busch's application for a Community trade mark. The decision also covers malted non-alcoholic beverages (such as non-alcoholic beer). Some recent cases include: Where AB InBev has lost cases, it markets its product as "Bud" (as in Italy) or as "Anheuser-Busch B" (in Germany).

Netguru

In 2014, the company filed an application to the European Union Intellectual Property Office, for the registration of the EU trade mark “Netguru,” in several classes related to computer services. However, it was rejected due to the lack of distinctiveness of the name. The company appealed to the General Court of the European Union, which dismissed the complaint, considering that the combination of the words "net" and "guru" appeared as advertising, nor it doesn't allow the target public to perceive the sign as an indication of the commercial origin of the goods and services in question.

Agencies of the European Union

agency of the European Unionagencyagencies
An agency of the European Union is a decentralised body of the European Union (EU), which is distinct from the institutions. Agencies are established to accomplish specific tasks. Each agency has its own legal personality. Some answer the need to develop scientific or technical know-how in certain fields, others bring together different interest groups to facilitate dialogue at European and international level.

Trade mark law of the European Union

EuropeEuropean trade mark lawCommunity trade mark law
Trade mark law of the European Union is governed by European Union law together with national law within those countries which are also member states of the European Union. Trade marks may be registered within individual countries, or across the whole of the EU (by means of a European Union trade mark). Within EU member states, national law implements Directives so that the law governing national registrations in each jurisdiction is more or less equivalent; the eventual goal is harmonisation of trade mark law within the EU. The Benelux countries have introduced a common trade mark applying in their countries, abolishing their national trade marks.

Madrid system

Madrid ProtocolMadrid AgreementMadrid Agreement Concerning the International Registration of Marks
Registration through the Madrid system does not create a unified registration, as in the case of the European Union trade mark system; rather, it creates a bundle of national rights through an international registration able to be administered centrally. Madrid provides a mechanism for obtaining trademark protection in many countries around the world which is more effective than seeking protection separately in each individual country or jurisdiction of interest. The Madrid Protocol system provides for the international registration of trade marks by way of one application that can cover more than one country.

TM-XML

Trade Mark eXtended Markup Language Standard
During the specifications and after the creation of WIPO Standard ST.66, other objectives have been added as following: TM-XML was defined by a working group created by the European Union Intellectual Property Office in June 2003. 8 draft versions for comment have been published (versions 0.1 to 0.7 and 1.0 Draft) before the version 1.0 Final published on 26 May 2006 on its website: https://web.archive.org/web/20060827113952/http://www.tm-xml.org/.

Benelux Office for Intellectual Property

Benelux Organization for Intellectual PropertyBenelux Organisation for Intellectual PropertyBenelux Trademarks Act
. * European Union Intellectual Property Office (EUIPO) **

Orphan work

orphan worksOrphaned worksorphaned
An orphan work is a copyright-protected work for which rightsholders are positively indeterminate or uncontactable. Sometimes the names of the originators or rightsholders are known, yet it is impossible to contact them because additional details cannot be found. A work can become orphaned through rightsholders being unaware of their holding, or by their demise (e.g. deceased persons or defunct companies) and establishing inheritance has proved impracticable. In other cases, comprehensively diligent research fails to determine any authors, creators or originators for a work.

European Commission

EU CommissionCommissionEC
The European Commission (EC) is the executive branch of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU. Commissioners swear an oath at the European Court of Justice in Luxembourg City, pledging to respect the treaties and to be completely independent in carrying out their duties during their mandate. The Commissioners are proposed by the Council of the European Union, on the basis of suggestions made by the national governments, and then appointed by the European Council after the approval of the European Parliament.

European Parliament

EU ParliamentEP constituencyMEP
The European Parliament (EP) is the legislative branch of the European Union and one of its seven institutions. Together with the Council of the European Union, it adopts European legislation, normally on a proposal from the European Commission. The Parliament is composed of 751 members (MEPs), intended to become 705 starting from the 2019–2024 legislature because of specific provisions adopted about Brexit. The Parliament represents the second-largest democratic electorate in the world (after the Parliament of India) and the largest trans-national democratic electorate in the world (375 million eligible voters in 2009).

Council of the European Union

CouncilCouncil of MinistersEU Council
The Council of the European Union, referred to in the treaties and other official documents simply as the Council, is the third of the seven Institutions of the European Union (EU) as listed in the Treaty on European Union. It is one of two legislative bodies and together with the European Parliament serves to amend and approve the proposals of the European Commission. The Council represents the executive governments of the EU's member states and is based in the Europa building in Brussels.

Spain

SpanishESPKingdom of Spain
Spain (España ), officially the Kingdom of Spain (Reino de España), is a European country located in Southwestern Europe with some pockets of Spanish territory across the Strait of Gibraltar and the Atlantic Ocean. Its continental European territory is situated on the Iberian Peninsula. Its territory also includes two archipelagoes: the Canary Islands off the coast of Africa, and the Balearic Islands in the Mediterranean Sea. The African enclaves of Ceuta, Melilla, and Peñón de Vélez de la Gomera make Spain the only European country to have a physical border with an African country (Morocco). Several small islands in the Alboran Sea are also part of Spanish territory.

Administrative law

administrativeadministrative justiceadministrative procedure
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rule making, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law.

Member state of the European Union

member statesEU member statesmember states of the European Union
The European Union (EU) consists of 28 member states. Each member state is party to the founding treaties of the union and thereby subject to the privileges and obligations of membership. Unlike members of most international organisations, the member states of the EU are subjected to binding laws in exchange for representation within the common legislative and judicial institutions. Member states must agree unanimously for the EU to adopt policies concerning defence and foreign policy. Subsidiarity is a founding principle of the EU.