14. Registration and Use of the Trade Mark

2019 ◽  
pp. 343-378
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Trade Mark ◽  
The Other ◽  
Eu Law ◽  
Trade Marks ◽  
Other Hand ◽  
Trade Mark Law ◽  
The One ◽  
Absolute Grounds For Refusal ◽  
Different Origin

This chapter discusses the acquisition of a trade mark. EU law distinguishes between the product or service to which the trade mark is applied on the one hand, and the trade mark on the other hand. One needs first of all to be in the presence of a sign, something that can be applied to the product or service and that can convey information. The cornerstone of the matter is that the sign should be distinctive as to origin. The main objective of trade mark law is to enable rights holders and consumers to distinguish the source of identical goods or services with a different origin. The remainder of the chapter covers unregistrable marks, absolute grounds for refusal of registration, relative grounds for refusal of registration, applying for a Community trade mark, and uses of trade marks.

Understanding Screen Franchising

2015 ◽  
Vol 156 (1) ◽  
pp. 50-59 ◽  
Author(s):  
Albert Moran
Keyword(s):  
Legal Protection ◽  
Trade Mark ◽  
Copyright Law ◽  
The Other ◽  
Dramatic Character ◽  
Ugly Betty ◽  
Trade Mark Law ◽  
The Media ◽  
The One ◽  
Media And Communication

Handbooks about the business practice of franchising do not seem to consider whether the practice occurs in television and other media industries. This lack of regard is replicated by media and communication scholars who fail to consider how this kind of media licensing works, even though the term franchising' is frequently adopted. To place the topic in a wider realm of critical inquiry, this article analyses a set of distinct economic, legal and cultural parameters that have to do with media intertext franchising on the one hand and television format franchising on the other. It finds that the two sets of practices operate under different regimes of legal protection, one concentrating on trade mark law and the other focusing on copyright law. In turn, this raises a question concerning the legal protectability of television program formats such as Ugly Betty under a legal shield associated with the media intertext rather than the television format. The presence of dramatic character would seem to be crucial to facilitating the building of a brand associated with a fictional character's aura or image.

scholarly journals A question of procedural law: the principle of the inalterable nature of a tried case and the violation of EU law

2014 ◽  
pp. 101-112
Author(s):  
João Ramos Lopes
Keyword(s):  
Time Limit ◽  
The Other ◽  
Preliminary Ruling ◽  
Eu Law ◽  
Legal Certainty ◽  
Procedural Law ◽  
Other Hand ◽  
The Moment ◽  
The One

The reform operated in the regime of civil appeals by the Decree-law 303/2007, from 24 August 2007, introduced a new basis for an extraordinary appeal for review. This paper states our views on the (in)conformity with EU law of the solution put forward by the Portuguese legislator in order to ensure, on the one hand, the legal certainty and, on the other hand, the validity (here entailed in the jurisprudence of the CJEU), by establishing for the extraordinary appeal for review a maximum preclusion time limit of five years from the moment the ruling under review is passed, in cases in which the decision was made by a court of last resort, that failed to fulfill its obligation to ask for a preliminary ruling.

scholarly journals Protecting Trade Mark Proprietors Against Unfair Competition in EU Trade Mark Law

2021 ◽  
Vol 30 ◽  
pp. 152-163
Author(s):  
Gea Lepik
Keyword(s):  
Competition Law ◽  
Trade Mark ◽  
Third Parties ◽  
Unfair Competition ◽  
Eu Law ◽  
Trade Marks ◽  
Unfair Competition Law ◽  
Trade Mark Law ◽  
Eu Trade Mark Law ◽  
The Eu

With aims of protecting trade mark proprietors against commercial practices of third parties that could hinder the use of the trade mark in informing and attracting customers, negatively influence its selling power, or exploit its attractive force, the EU legislator and the Court of Justice of the EU (CJEU) have broadened the protection afforded under trade mark law to cover such acts. At the same time, the CJEU has sought appropriate balance between the exclusive rights of trade mark proprietors and the interests of third parties, in allowing those practices that can be deemed acceptable as part of fair competition. The author argues that, in consequence, EU trade mark law is becoming ever more an EU law of unfair competition with regard to practices that involve the use of trade marks. The article represents an attempt to explain these developments by looking at specific policy choices and decisions of the CJEU on the protection of trade marks, alongside the wider context of EU law dealing with unfair competition. A key conclusion is that, in light of the lack of harmonisation of unfair competition law in the EU (at least pertaining to practices that affect businesses), the widening of the scope of protection under trade mark law helps to ensure the necessary degree of harmonisation while avoiding a parallel system of protection. When compared to pre-existing EU instruments of unfair competition law that prohibit certain uses of trade marks, this approach provides trade mark proprietors with a more efficient mechanism for enforcing their rights. In the course of elucidating this finding, the article gives the reader an understanding of how EU law addresses the protection of the commercial value of trade marks.

Stories and the Self

2020 ◽  
Vol 32 (2) ◽  
pp. 47-58 ◽  
Author(s):  
Stefan Krause ◽  
Markus Appel
Keyword(s):  
Meta Analysis ◽  
The Self ◽  
The Other ◽  
Lower Degree ◽  
Contrast Effects ◽  
Self Perception ◽  
Self Perceptions ◽  
Other Hand ◽  
The One ◽  
Implicit And Explicit

Abstract. Two experiments examined the influence of stories on recipients’ self-perceptions. Extending prior theory and research, our focus was on assimilation effects (i.e., changes in self-perception in line with a protagonist’s traits) as well as on contrast effects (i.e., changes in self-perception in contrast to a protagonist’s traits). In Experiment 1 ( N = 113), implicit and explicit conscientiousness were assessed after participants read a story about either a diligent or a negligent student. Moderation analyses showed that highly transported participants and participants with lower counterarguing scores assimilate the depicted traits of a story protagonist, as indicated by explicit, self-reported conscientiousness ratings. Participants, who were more critical toward a story (i.e., higher counterarguing) and with a lower degree of transportation, showed contrast effects. In Experiment 2 ( N = 103), we manipulated transportation and counterarguing, but we could not identify an effect on participants’ self-ascribed level of conscientiousness. A mini meta-analysis across both experiments revealed significant positive overall associations between transportation and counterarguing on the one hand and story-consistent self-reported conscientiousness on the other hand.

Radioimmunotherapy for treatment of acute myeloid leukaemia and myelodysplastic syndrome

2005 ◽  
Vol 44 (03) ◽  
pp. 107-117
Author(s):  
R. G. Meyer ◽  
W. Herr ◽  
A. Helisch ◽  
P. Bartenstein ◽  
I. Buchmann
Keyword(s):  
Acute Myeloid Leukaemia ◽  
Myeloid Leukaemia ◽  
Primary Tumour ◽  
The Other ◽  
Haematopoietic Stem Cell ◽  
Other Hand ◽  
Primary Reduction ◽  
The One ◽  
Acute Myeloid

SummaryThe prognosis of patients with acute myeloid leukaemia (AML) has improved considerably by introduction of aggressive consolidation chemotherapy and haematopoietic stem cell transplantation (SCT). Nevertheless, only 20-30% of patients with AML achieve long-term diseasefree survival after SCT. The most common cause of treatment failure is relapse. Additionally, mortality rates are significantly increased by therapy-related causes such as toxicity of chemotherapy and complications of SCT. Including radioimmunotherapies in the treatment of AML and myelodyplastic syndrome (MDS) allows for the achievement of a pronounced antileukaemic effect for the reduction of relapse rates on the one hand. On the other hand, no increase of acute toxicity and later complications should be induced. These effects are important for the primary reduction of tumour cells as well as for the myeloablative conditioning before SCT.This paper provides a systematic and critical review of the currently used radionuclides and immunoconjugates for the treatment of AML and MDS and summarizes the literature on primary tumour cell reductive radioimmunotherapies on the one hand and conditioning radioimmunotherapies before SCT on the other hand.

The Salvage of Ideas: Schumpeter and the Core Problems Still Confronting Economics

2003 ◽  
pp. 15-26
Author(s):  
P. Wynarczyk
Keyword(s):  
The Other ◽  
The Core ◽  
Other Hand ◽  
The One

Two aspects of Schumpeter' legacy are analyzed in the article. On the one hand, he can be viewed as the custodian of the neoclassical harvest supplementing to its stock of inherited knowledge. On the other hand, the innovative character of his works is emphasized that allows to consider him a proponent of hetherodoxy. It is stressed that Schumpeter's revolutionary challenge can lead to radical changes in modern economics.

Pembaharuan Pesantren: Arah dan Implikasi

2018 ◽  
Vol 4 (1) ◽  
pp. 67-84
Author(s):  
Wahyudin Noor
Keyword(s):  
Rapid Development ◽  
The Other ◽  
Learning Methods ◽  
Technology Learning ◽  
Other Hand ◽  
The One ◽  
Traditional Term

Abstract Pesantren are often associated with backwardness and traditionalism in everything: facilities, technology, learning methods, and even the curriculum. For now, it seems like the traditional term for pesantren is no longer relevant enough. The pace of movement in the era of renewal marked by the rapid development of technology has demanded pesantren to make adjustments. However, on the one hand, when viewed from the direction of change, the reform efforts pursued by pesantren are not to erase the old tradition, but merely to add something new so that the old tradition and conditions can be maintained while accepting the presence of a new one. On the other hand, the reform efforts undertaken by pesantren have implications for the fact that the typical values of the pesantren are fading away. Abstrak  Pesantren seringkali diasosiasikan dengan keterbelakangan dan tradisional dalam segala hal: fasilitas, teknologi, metode pembelajaran, dan bahkan kurikulumnya. Untuk saat ini, sepertinya istilah tradisional untuk pesantren, sudah tidak lagi cukup relevan. Laju gerak pembaharuan zaman yang ditandai dengan pesatnya perkembangan teknologi telah menuntut pesantren untuk melakukan penyesuaian diri. Kendatipun demikian, di satu sisi, jika dilihat dari arah perubahan, upaya pembaharuan yang ditempuh pesantren tidaklah untuk menghapus tradisi yang lama, tetapi sekadar menambah dengan sesuatu yang baru sehingga tradisi maupun kondisi yang lama bisa dipertahankan sambil menerima kehadiran yang baru. Di sisi yang lain, upaya pembaharuan yang dilakukan pesantren ternyata berimplikasi pada kenyataan akan semakin pudarnya nilai-nilai khas yang dimiliki oleh pesantren.

PROBLEMATIKA HUKUM IMPLEMENTASI SIFAT FINAL DAN BINDING PUTUSAN YANG DIBUAT OLEH BASYARNAS DALAM PENYELESAIAN SENGKETA BISNIS SYARIAH

2018 ◽  
Vol 1 (1) ◽  
pp. 37-52
Author(s):  
Karimatul Khasanah
Keyword(s):  
The Other ◽  
Other Hand ◽  
The One

BASYARNAS’s verdict in resolving dispute can be negotiated or cancelled by submitting nullification to the Religious Court if the parties or one of them felt dissatisfied with the BASYARNAS verdicts. This case is important to be reviewed academically because of its paradox and ambiguity. On the one hand the decision is final and binding, but on the other hand it could be cancelled through the Religious Court. If the BASYARNAS verdicts really want to be final and binding, the nullification of the verdicts should be abolished. It can be replaced by an amendment of the verdict submitted to BASYARNAS and handed back to the arbitrator (arbitrator panel) who handles the dispute. Apart being fast and confidential, the arbitrator (judge) is more aware of the case, the reasons, evidences and witnesses of the dispute.

Correspondances étymologiques, lexicales et sémantiques dans le processus de féminisation de noms de profession, métiers et activités dans les sociétés française et roumaine

2020 ◽  
Vol 65 (4) ◽  
pp. 401-422
Author(s):  
Estelle Variot
Keyword(s):  
The Other ◽  
Roman World ◽  
Other Hand ◽  
The One ◽  
Over Time

"Etymological, Lexical and Semantic Correspondences in the Process of Feminization of Professional Names, Trades and Activities in French and Romanian Societies. The feminization of thought represented by language and of its varieties in the Roman World has allowed to highlight some convergences that come from a common linguistic heritage, often from Greek and Latin and some hesitation about adapting society to its realities. The feminization of some words which comes from an ancient process illustrates on the one hand the potential of the language and on the other hand some constraints sometimes linked to the society itself, which creates transitional periods, between matching grammatical correction and the evolution of linguistic uses over time. The possibilities of lexical enrichment (internal creation or loan) show the means available in French and Romanian and some convergences in the area of derivation, of lexical units and their etymologies. The grammatical perspective and word constructing methods make it possible to give keys for the feminization of names of trades or professions. Likewise, recording entries in the lexicon, their evolution, their assimilation or sometimes their forgetfulness, for the benefit of new constructions highlight the existence of objective and subjective criteria which teach us a lot about society as a whole. Keywords: feminization of professions, internal and external enrichment, suffixal match, use of words, grammar, lexicon, French and Romanian."

Challenging Gender Hierarchies in Narratives of the Nation: Representations of Women in Zintgraff and the Battle of Mankon and Hard Choice

Imbizo ◽  
2020 ◽  
Vol 11 (2) ◽  
Author(s):  
Naomi Epongse Nkealah ◽  
Olutoba Gboyega Oluwasuji
Keyword(s):  
The Other ◽  
Literary Texts ◽  
Gender Differentiation ◽  
Hard Choice ◽  
Other Hand ◽  
Gender Hierarchies ◽  
The Face ◽  
The One ◽  
Representations Of Women ◽  
Do So

Ideas of nationalisms as masculine projects dominate literary texts by African male writers. The texts mirror the ways in which gender differentiation sanctions nationalist discourses and in turn how nationalist discourses reinforce gender hierarchies. This article draws on theoretical insights from the work of Anne McClintock and Elleke Boehmer to analyse two plays: Zintgraff and the Battle of Mankon by Bole Butake and Gilbert Doho and Hard Choice by Sunnie Ododo. The article argues that women are represented in these two plays as having an ambiguous relationship to nationalism. On the one hand, women are seen actively changing the face of politics in their societies, but on the other hand, the means by which they do so reduces them to stereotypes of their gender.

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