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This line of reasoning is commonly adopted in trade marks in the fashion industry as the EUIPO has repeatedly required designers to prove acquired distinctiveness. This is established amongst consumers through use and promotion of the product, rather than inherent distinctiveness, whereby a product has sufficient features to distinguish itself from other products on the market. The main reasoning behind this trend in decision-making adopted by the EUIPO, and supported by the higher courts, is that a designer cannot monopolize a particular design, which can be easily represented in a variety of ways; thus the acquired distinctiveness character criteria aims to counter this potential issue. The market-share held by the mark; The intensity, geographically widespread and long-standing use of the mark; The amount invested by the undertaking in promoting the mark; Statements from chambers of commerce and industry or other trade and professional associations; and Opinion polls. Although it was imperative for the Applicant to prove that the mark had acquired distinctiveness throughout the EU, the General Court noted that it would be ”unreasonable to require proof of such acquisition for each individual Member State. [and] the burden of proof imposed on the proprietor of the contested mark of demonstrating distinctive character acquired through the use of that mark must not be unreasonable.” Therefore, acquired distinctiveness should be proven through use throughout the territory of the EU. However, the Fifth Board of Appeal had also singled out Bulgaria, Estonia, Latvia, Lithuania, Slovakia and Slovenia as the Member States concerned (being the only Member States in which the Applicant did not have any stores, together with Malta) wherein the Applicant had failed to prove that the contested mark had acquired distinctive character through its use. Moreover, the General Court also rejected claims that due to the ”geographical and cultural proximity of Latvia and Lithuania to Poland and Sweden, on the one hand, and of Bulgaria, Slovakia and Slovenia to Romania, on the other hand” (Poland, Sweden and Romania being Member States in which acquired distinctiveness was proven), the mark in the Member States concerned had acquired a distinctive character with consumers. Ultimately, it was not successfully proven that due to the geographical and cultural proximity between the Member States, ”the relevant Latvian and Lithuanian public had sufficient knowledge of the goods or services on the Polish and Swedish markets, or that the relevant Bulgarian, Slovenian or Slovakian public had such knowledge of the Romanian market.” In conclusion, this judgement highlights the need for a compromise to be reached in protecting a brand's designs, which form part of its main intangible economic value, whilst also preventing fashion brands from acquiring a legal monopoly over a mark, that would consequently limit competition and stifle creativity. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. If you are a luxury handbag lover, date codes are something you check whenever you purchase a new item for your collection. Nba ao vivo assistir.But how do you go about choosing the best online sportsbook? To be safe, make sure that you play at licensed sites. Look at their reviews to discover is they are positive or mostly negative.
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