Cabinet Chaillot :

French

01-2010

Extension of European patents in Montenegro

The agreement on the extension of European patents signed on 13/02/2009 between the European Patent Office (EPO) and Montenegro will enter into force on 1 March 2010....

12-2009

Electronic certificates for Community trademarks

For CTM registered as from 09/12/2009, the OHIM no more issues paper certificates but only electronic certificates.

The E-certificates have the same appearance and...

12-2009

Reinforcement of the cooperation between OHIM and WIPO as to the trade mark classification

OHIM and WIPO have signed on 03/12/2009 an agreement aiming to expand cooperation on trade mark classification.

11-2009

Liberia : Accession to the Madrid Protocol

On September 11, 2009, the Government of Liberia deposited with the Director General of the World Intellectual Property Organization (WIPO) its instrument of accession...

11-2009

Change in the competent jurisdictions for IP matters as from November 1, 2009

As from 01/11/2009, the number of courts compentent for intellectual property cases is reduced in France :

09-2009

The PCT will enter into force for Thailand on 24/12/2009

Thailand deposited on 24/09/2009 its instrument of accession to the Patent Cooperation Treaty (PCT).

Thailand is the 142nd contracting state of the PCT.

09-2009

New Rule 36 EPC regarding the filing of divisional applications

As of 01/04/2010, divisional applications on the applicant's own initiative (so-called voluntary divisional applications) will need to be filed within a period of two...

09-2009

Parallel applications for patent for invention and for utility model in China

It has been confirmed that it is allowed for an application to try to file identical applications on the same day both for a patent for invention and for a patent for...

08-2009

France has ratified the patent law treaty (PLT)

On 24/07/2009, France ratified (Law n° 2009-892 of 24/07/2009) the patent law treaty (PLT), adopted at Geneva on 01/06/2000.

07-2009

CTM fee reduction for filing through international applications

The World Intellectual Property Organization, WIPO, has announced that revised fees for international trade mark applications designating the European Community under...

07-2009

Change in the Egypt phase of a PCT

The Egyptian law has been amended to the effect that the annuity due date of PCT National phase applications will be calculated for a period of 20 years from the...

06-2009

Facebook and Trademarks

Since 13/06/2009, Facebook enables its users to register URL addresses of the type Facebook/your trademark.

05-2009

PDO, PGI, AOC … amendments and suppression of the symbols

The European Union Regulation n° 510/2006 dated 20/03/2006 defined at the community level two different levels of geographic reference for the agricultural products and...

05-2009

New online filing system for Community Designs

The OHIM web site now allows a new online filing system for Community design.

The advantage of this new system is that we receive immediately the filing number. The...

05-2009

Ukraine : Accession to Locarno Agreement

The Government of Ukraine has deposited, on April 7, 2009, its instrument of accession to the Locarno Agreement establishing an International Classification for...

04-2009

CTM official fee reduction as from 01/05/2009

The new official fees for CTM, including an important fee reduction will enter into force on 01/05/2009.

03-2009

CTM fee reduction

As you may know, the cost of the Community Trademarks will soon be reduced.

02-2009

International Transfer of Technology

Article 19 of the Decree 2008-1472 of 30/12/2008 abrogates Articles R624.1 to R624-7 of the French Intellectual Property Code, which gave the legal frame on the...

02-2009

Tajikistan : Accession to WIPO Copyright Treaty

The Government of the Republic of Tajikistan has deposited, on January 5, 2009, its instrument of accession to the WIPO Copyright Treaty, adopted at Geneva on December...

01-2009

Korea : Accession to WIPO Treaty

The Government of the Republic of Korea has deposited, on December 18, 2008, its instrument of accession to the WIPO Performances and Phonograms Treaty, adopted at...

10-2008

Fee reduction for French trademarks by using the new electronic filing

It is now possible to file French trademarks by electronic submission. The new official fee for this filing is of 200 € instead of 225 € for a paper filing. This fee...

10-2008

Ratification of the Trademark Law Treaty by the Republic of Costa Rica

The Government of the Republic of Costa Rica has deposited, on July 17, 2008, its instrument of ratification of the Trademark Law Treaty (TLT), done at Geneva on October...

09-2008

Jordan : Accession to Budapest Treaty

The Government of the Hashemite Kingdom of Jordan has deposited, on August 14, 2008, its instrument of accession to the Budapest Treaty on the International Recognition...

08-2008

Amendments regarding infringement action for French trademarks and designs

1) Absence of recordal in the French Register of trademarks or designs

Articles L. 513-3 and L. 714-7 of the French Intellectual Property Code establish the principle...

03-2008

The London Agreement: simplification of national stages of the European patent

According to the London Agreement, the validation stage of the European patents the date of grant of which will be published from the 1st May, 2008 will be simplified.

02-2008

Adopting of two Common regulations intended to link the common system of Designs to the International System

These measures permit to obtain, over the course of a single filing, the protection of a design in all European Union countries as well as in other countries of the...

06-2007

Reproduction of a trademark on scale model cars

Toy manufacturers frequently reproduce in miniature the original models created and sold by cars manufacturers, placing a particular importance on the exact reproduction...

05-2007

Validity of a personal name as a trademark

A personal name is nowadays frequently used as a trademark, trade name or sign. However, it is a source of litigation, as indicated by an important case law, to which...

02-2007

Objection of a member of a board of appeal of the EPO

This decision is about the grounds of objection of a member of a Board of Appeal. The EPC's article related to this point of law is the Art. 24 EPC

01-2007

New Nice Classification : 9th Edition of the Trademarks International Classification

The new edition of Nice Classification is in force as from January 1st, 2007

12-2006

EU enlargement

Two new countries (Bulgaria and Romania) will enter in the European Union on 01/01/2007

11-2006

Right to file a divisional EP patent application, suspensive effect of the appeal J28/03

The Board pointed out that the term "suspensive effect" does not mean the immediate cancellation of the objected decision. The suspensive effect means that the...

10-2006

Use of trademarks in the advertising links of the search engines

Jugdment of the Court of First Instance of Paris of 12/07/2006 regarding trademarks in sponsored links of Google

02-2006

EPC will enter into force on 13/12/2007 at the latest

Under Article 8(1) of the Revision Act, the revised European Patent Convention will enter into force two years after the fifteenth state has deposited its instrument of...

12-2005

Decision G01/04 - Diagnostic methods under Article 52(4) EPC

On 29 December 2003, the President of the EPO, requested to the Enlarged Board of Appeal : to clarify the meaning of the wording "diagnostic methods practised on the...

11-2005

Olfactory trademarks :Judgement of The Court of First Instance of the EC - T 305/04

On 27/10/2005, the Court of First Instance of the European Communities gave a judgement T-305/04 regarding olfactory trademarks and their representation.

08-2005

Decision G02/04 - Transfer of opposition

On 25/05/2005, the Enlarged Board of Appeal of the EPO has rendered a decision G 2/04 on the possibility of transferring an opposition from an opponent to another...

01-2005

European patent and priority claiming from a patent application in a state not member of the Paris Convention (G 2/02)

On April 26, 2004, the EPO Enlarged Board of Appeal gave its decision regarding claiming the priority from a first filing in a state which is not a member of the Paris...

06-2004

Allowability of Disclaimers in patent - Decision G 1/03

On April 8, 2004, the Enlarged Board of Appeal of the European Patent Office disclosed two decisions G 1/03 - G 2/03 relative to the allowability of disclaimers...

06-2004

European patent problem-solution approach in the decision T 641/00

In a decision G 1/03 - G 2/03 dated September 26, 2002, a Board of Appeal of the EPO has underlined the compulsory technical aspect of an invention, not only in the...

09-2003

Small-scale model car : infringement

The Court of Justice underlines that the reproduction under the form of a miniature constitutes an infringement, this cannot be acceptably denied without any extentive...

07-2003

Filing a color per se as a trademark : Judgment C-104/01 of the CJEC

On 6 May 2003, the Court of Justice of the European Communities (CJEC) gives a Judgment (C-104/01) on the validity of a mark composed by a color per se.

02-2003

Decision G01/02 of the EPO Enlarged Board of Appeal

On 22 January 2003, the EPO Enlarged Board of Appeal disclosed a decision G 1/02 relative to the competence and the nature of the “decisions” of the formalities officers

01-2003

Chio pita / Chipitta : no likelihood of confusion according to the Second Board of Appeal of the OHIM

In the case R 1022/2000-2, the Second Board of Appeal of the OHIM rejected the opposition against the application for a complex trademark Chipitta

11-2002

Infringement of a French design : application of the new law

The Ordonnance n° 2001-670 of July 25, 2001, in force on July 30, 2001, modified the criterias allowing the appreciation of the validity of a French design and the...

10-2002

Two appeals relating to opposition division decisions allow to illustrate the comparison of goods as it is studied by the OHIM.

09-2002

Infringement of a plant variety : the strawberry-plant : "Mara des Bois"

Group M., nurserygardener breeder is the owner of a new plant variety certificate for a variety of strawberry-plant named "Mara des Bois".

08-2002

Infringement : the customs measure

One of the means proposed by the French Law against the infringement of a design or a trademark is that the customs administration may suspend:

07-2002

Descriptiveness of Community Trademarks since the Baby-dry case-law

The Boards of Appeal of OHIM seem to search whether the trademark constitutes the normal way to designate a product

06-2002

Use of a trade mark with descriptive purposes : Judgment C-2/00 of the ECJ

The Court of Justice of the European Community delivered a judgment C-2/00 relative the use of a trade mark with descriptive purposes in the course of trade.