Not Such A Bovver; Does Anyone Know?

commented on the Advocate General's Opinion inwards Case C-108/05 Bovemij v Benelux Trade Marks Office. According to the Kat the Opinion seems foreign too he wonders whether it volition move adopted yesteryear the Court:

"In economical price too inwards price of regulation it seems foreign to halt upwards alongside the conclusion that, inwards a large community that consists of cats, dogs, sheep, goats too badgers, a score that no Canis familiaris regards every bit distinctive can't move registered every bit a merchandise score while, inwards a smaller jurisdiction consisting of simply cats too dogs, the fact that cats regard the score every bit distinctive but dogs don't exercise then volition non impact the mark's mightiness to move registered."

's job solid friend Marius Schneider (a European & Benelux Trade Mark too Design Attorney alongside Gevers & Partners) responds:

"One should non forget to examine this outcome from an economical betoken of view. First, the Benelux applicant does non accept an option to the Benelux merchandise score (unlike the CTM applicant). There accept been no Belgian marks since 1971! Further, the Benelux organisation is supposed to move advantageous for companies inwards the iii countries since it intends to exercise a bigger market. However, the applicant whose activities are for economical reasons confined to 1 Benelux solid pose down (eg a Belgian publisher of magazines for existent estate belongings inwards the Dutch language) too who tin alone exhibit acquisition of distinctive graphic symbol through purpose inwards 1 solid pose down volition halt upwards non receiving protection for his descriptive merchandise mark. Does that non audio unfair to you? It does to me!".

is non convinced. The Belgian publisher of Dutch magazines on existent estate is entitled to protection if he uses his descriptive merchandise mark, but not to trade score protection that ties upwards what is presumably a meaningless too free-to-use give-and-take for non-Dutch speakers. Let the publisher accept protection nether unfair contest constabulary since he is using the score - that volition protect him against the actions of others that are unfair. But why give him a registered merchandise mark, which confers wider protection than he needs?


Does anyone know?

has been asked the next enquiry yesteryear his expert friend Deeply Puzzled:

"Does anyone know when the GAT Opinion [of the European Court of Justice] volition move available inwards English linguistic communication too when the determination volition move out, please? Also volition it move con-joined to the Roche case?"

If you lot know the answer, exercise delight part it! There's a damsel inwards distress who actually does desire to know.

The GAT Opinion was delivered on sixteen September 2004 inwards eight languages, none of which was English. The Roche Opinion was delivered on 8 Dec 2005 inwards nine languages, but 1 time again non inwards English.
Both cases bargain alongside enforcement of judgments too the Judgments Convention.