Übersetzung für "Acquired distinctiveness" in Deutsch

The acquired distinctiveness may be pursued as a subsidiary claim.

According to standing case-law of the ECJ, it is necessary to make a case-by-case assessment of the facts when examining acquired distinctiveness.

It is therefore not possible for such form marks to be registered based on acquired distinctiveness.

In order to ensure legal certainty and safeguard legitimately acquired trade mark rights, it is appropriate and necessary to provide that, without prejudice to the principle that the later trade mark cannot be enforced against the earlier trade mark, proprietors of earlier trade marks should not be entitled to obtain refusal or invalidation or to oppose the use of a later trade mark if the later trade mark was acquired at a time when the earlier trade mark was liable to be declared invalid or revoked, for example because it had not yet acquired distinctiveness through use, or if the earlier trade mark could not be enforced against the later trade mark because the necessary conditions were not applicable, for example when the earlier mark had not yet obtained a reputation.

Where signs are not inherently capable of distinguishing the relevant goods or services, Members may make registrability depend on distinctiveness acquired through use.

In early 2008, the Oberbank requested cancellation of this trademark because it would not be distinctive and would not have acquired distinctiveness by use.

As on previous occasions, FIFA disregarded trade mark law requirements for protectability and claimed that the term was perceived by the public, interested in football, as their trade mark because of their wide notoriety for services as tournament organisers (so- called acquired distinctiveness).

This is equivalent to the condition that the mark must have acquired distinctiveness before the filing date.

Thus, since Germany has no derogation of the rule, according to which distinctiveness must be acquired prior to filing, the acquired distinctiveness must be demonstrated in the cancellation proceedings for the period prior to the filing date.

Management has to ensure that all products are delivered and advertised in exactly the same color, since variations may jeopardize the acquired distinctiveness of the "corporate color".

This can only be overcome by the so-called proof of reputation, which in European law is called proof of acquired distinctiveness.

Have the marks acquired distinctive character as a result of the use?

The plaintiff argued that the marks applied for had acquired distinctive character through use .

A trade mark shall not be declared invalid for the same reasons if, before the date of application for a declaration of invalidity, following the use which has been made of it, it has acquired a distinctive character.

Where the Community trade mark has been registered in breach of the provisions of Article 7(1)(b), (c) or (d), it may nevertheless not be declared invalid if, in consequence of the use which has been made of it, it has after registration acquired a distinctive character in relation to the goods or services for which it is registered.

A trade mark shall not be refused registration or be declared invalid in accordance with paragraph 1(b), (c) or (d) if, before the date of application for registration and following the use which has been made of it, it has acquired a distinctive character.

However, the Court finds that the documents submitted by JOOP!, through which it seeks to demonstrate that the marks applied for have acquired distinctive character through use in the Community, refer only to the German market.

Is there a category of trade marks registration of which can be refused on the ground that they are not capable of distinguishing their products from those of other undertakings even if they have acquired distinctive character though the use made of them?

The Court of Appeal (England and Wales) (Civil Division), before which the dispute came, considers that that the expression ‘HAVE A BREAK’ is devoid of inherent distinctive character and that, consequently, it may be registered only if it has acquired distinctive character through use.

Moreover, there was no evidence that the word sign IP TRANSLATOR had acquired a distinctive character through use in relation to translation services prior to the date of the application for registration.

In so far as the shape of a Bounty bar is not distinctive in the entire Community, Mars should have filed more evidence as regards the other nine States which were part of the Community at the time to show that the shape had acquired distinctive character through use in the entire Community.

From a fairly modest beginning the CPS has in a few years - and both inside and outside our own institution - acquired a distinct reputation for competence in the subject matters, tenacity in pursuit of its main objective and pragmatic realism in its policy evaluations.

The Gerechtshof te ‘s-Hertogenbosch stated that a threestripe motif such as that registered by adidas is not very distinctive per se but that, owing to the investment in advertising by adidas, the marks it owned had acquired considerable distinctive character and become well known.