25 Jul '13, 2pm

WIPO Rejects 13th & 14th Legal Rights Objections To New gTLD’s on .GMBH & Another The 5th On .Home

). It is well established under Community trademark law, that the proprietor of a certain trademark may not prohibit the use of a sign identical to the trade mark for goods identical to those for which the mark is registered if that use cannot affect his own interests as proprietor of the mark, having regard to its functions. Thus certain types of use for purely descriptive purposes are excluded from the scope of Article 5(1) CTMR because they do not affect any of the interests that such provision aims to protect, and do not therefore fall within the concept of use within the meaning of that provision (see, with respect to a use for purely descriptive purposes in relation to the characteristics of the product offered, Judgment of the Court of May 14, 2002 –

Full article: http://www.thedomains.com/2013/07/25/wipo-rejects-13th-14...

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