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It should be stressed that usage of the mark must be shown to be of more than local significance to defeat the application from the UK company. Consequently it
by grabeh 14y ago
It should be stressed that usage of the mark must be shown to be of more than local significance to defeat the application from the UK company. Consequently it is vital that folks from as many EU countries as possible respond to the request in the post.
I am surprised in some ways that you couldn't have attracted some pro bono assistance for this cause. This is a case that I would have loved to have drafted the opposition pleadings in relation to.
Although I would hope that the media attention that should arise as a result of this application would be sufficient to cause the applicant to withdraw their application, or at the very least narrow down the specification to hosting services.
Even if the specification was narrowed down, the likelihood of confusion is still high in my view.
This is a good read on the criteria that will have to be satisfied:
http://assets.itma.org.uk/OHIM_Oppositions_based_on_Unregistered_Rights_Handout_A.pdf http://assets.itma.org.uk/OHIM_Oppositions_based_on_Unregist...
Finally, good luck!
- VanL 14y agoThanks for your words - and we would love to get your assistance and advice. Unfortunately, our network of Python-using lawyers is much thinner in Europe than in the US. Feel free to contact me!
- grabeh 14y agoSure thing - will send an email. Looks like K&S have got things fully under control at present (had a look at the OHIM filings) but happy to be a sounding board or provide whatever input I can.