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Turning ideas into assets

IP Case

Danish Patent and Trademark Office (DKPTO) has established a network of highly professional users of CTM and RCD systems, in Denmark: IP-CASE.

The network comprises representatives, lawyers and other actors dealing heavily with European trademark and design issues.

The network is established for improving the dissemination of knowledge regarding CTM and RCD systems. Within the forum professional users and national offices take part and benefit from the results and lessons learned.

The forum meet twice a year and is supported by the Office for Harmonization in the Internal Market.




Spring meeting '08:

May 2008, DKPTO held the second "IP-Case" seminar for professional users of the CTM and RCD. We succeeded to gather 15 of the most respected professionals in Denmark who debated several topics in relation to CTM and RCD, including issues of importance for in particular small and medium sized companies.

One of the themes this time focused on the subject "Domain names", which included the relationship between trademarks, both national and CTM, and domain names, i.e. the .eu top level domain. The participants had an in depth discussion on the relationship between trademarks and domain names, including the CTM and the .eu TLD. Furthermore, the different systems for dispute resolution, including ADRP for the .eu TLD were discussed. It was discussed how the possibilities of influence on the process for system developments might best be.

Secondly, "The practices of Denmark and of OHIM in relation to proof of use" were debated. The discussion was centralized on the differences in practice at DKPTO and OHIM. The participants suggested that this topic should be discussed again at the next seminar.



Autumn meeting '08:

The third "IP-Case" seminar was held in October 2008 and this time we succeeded to gather 20 professionals who spend 3 hours debating topics in relation to CTM and RCD.

"The Use Requirement in relation to trademarks" whether it is national trademarks or CTM's was discussed, and amongst other things it was concluded that the Maritime and Commercial Court finds that the requirements for use are the same in both systems. The discussion clearly indicated which decisions in the Danish and ECJ Practice the Maritime and Commercial Court considers being the most relevant and precise in this respect. Furthermore, it was confirmed that the Maritime and Commercial Court does not differentiate between National Danish Registrations and CTMR's in relation to the use requirement.

Another topic of importance was discussed this afternoon: "Trademarks vs. Designs", where the discussion was centred on the law and practice within EU, primarily the RCD and CTMR, on 3D-marks and designs, the differences between the RCD and the CTM system, and the areas where the Regulations covering this area may be unclear. In general, the impression was that there is an increasing use of the RCD-system for registration of trademarks; although it was unclear what benefits could be had from this practice. Furthermore, a need for more attention in relation to the RCD's when search are being made for prior rights in relation to trademarks was expressed.

Several questions in relation to the legislation were raised, which DKPTO will look into. Furthermore, it was debated in which situation it may be relevant to register a "design" as a trademark and vice versa. It was also concluded that, although it at the international level seems to be a trend to register trademarks as design, this trend has not yet had any major impact on the pattern for registration in Denmark.

Due to the great success during 2008 DKPTO acknowledge the need of another network and will try to establish another network focusing on the operational handling of the CTM and RCD's.

 

The seminars are supported by the
Office for Harmonization in the Internal Market
(OHIM).