The „TM5“ just published a Statistics about the development of Community Trademarks in 2014. Below you can see that 117.451 Community Trademark (CTM) Applications were received by OHIM in 2014. As you can see, the E-Filling is meanwhile the most popular application form since its introduction in 2005. [[{"type":"media","fid":"4482","view_mode":"media_large","instance_fields":"override","attributes":{"class":"media-image aligncenter size-full wp-image-2016","typeof":"foaf:Image","style":"","width":"600","height":"291"}}]] After examination, if the application is accepted it will go for publication. In 2014, 109.464 applications were published. Within the time of three month after publication a notice of opposition may be filled. This possibility was used 15,737 times last year. 103.782 trademarks were registered in 2014 after the period of publication because no opposition was filed or the opposition was not successful. After registration, a CTM can only get removed via a nullity cancelation procedure. 613 CTMs were cancelled and surrendered in 2014. If the CTM is not cancelled it is valid for ten years. After that time it has to be renewed. In 2014, 28.190 CMT renewal were reveived at OHIM.  [[{"type":"media","fid":"4483","view_mode":"media_large","instance_fields":"override","attributes":{"class":"media-image aligncenter size-full wp-image-2017","typeof":"foaf:Image","style":"","width":"600","height":"291"}}]] For more detailed information and other statistics please see: https://oami.europa.eu/tunnel-web/secure/webdav/guest/document_library/contentPdfs/about_ohim/the_office/SSC009-Statistics_of_Community_Trade_Marks-2014_en.pdf

[[{"type":"media","fid":"4474","view_mode":"media_large","instance_fields":"override","attributes":{"class":"media-image aligncenter size-full wp-image-1991","typeof":"foaf:Image","style":"","width":"194","height":"55"}}]] What is VoteBash? VoteBash is a worldwide, online social voting site which was just launched recently. The idea is simple. VoteBash gives people the freedom to speak out their mind and to find out what other people think about inspiring and up-to-date topics. VoteBash is great for brands and organizations who want to simultaneously distribute their brand or cause and get important insights from their audience. Everybody is entitled to an opinion – and sign-up is for free. Therefore, join VoteBash and become a “voter” and “citizen”! [[{"type":"media","fid":"4473","view_mode":"media_large","instance_fields":"override","attributes":{"class":"media-image aligncenter wp-image-1990","typeof":"foaf:Image","style":"","width":"224","height":"222"}}]] Who is the creator of VoteBash? VoteBash is a privately-held company and is founded in Wilmington, Delaware, USA. The company is headquartered in Raleigh, NC, USA (Research Triangle Area). The CEO and Founder, Martijn Atell, has worked and lived in the Netherlands, Germany and the United States. He holds a BSc in Electrical Engineering with honors and a BSc in Information Communication Technology both from Rotterdam University of Applied Sciences. He has over ten years of experience at a Fortune Global 500 automotive company. With VoteBash he is carrying out the mission to surface the opinions of others and make them more accessible in a universal way and combines individuality, connectivity, unity and fun. What does the new VoteBash Brand stand for? The concept behind the new VoteBash logo is simple. Starting from the idea of a social network, the graphic part shows a typical social symbol (the comic balloon) with the initials “V” and “B” in it.  At the same time, the letter “B” symbols a heart. This symbol refers to the preferences, the opinions and the passions of the voters which are the most important part of our community. [[{"type":"media","fid":"4475","view_mode":"media_large","instance_fields":"override","attributes":{"class":"media-image aligncenter wp-image-1992","typeof":"foaf:Image","style":"","width":"246","height":"184"}}]] How does VoteBash work? VoteBash offers you the possibility to share a “Voteled” to find out the opinion of other users (citizens). A “Voteled” is a one-question-poll which can be enriched with imagery or a custom button for people to earn and a backlink to a website or resource of your choosing. This is a perfect opportunity for brands and organizations to expose logos, product imagery and to drive free traffic to their business or cause. VoteBash is currently available in many different languages and in approx. 30 countries. When you have created your “Voteled”, people can vote on it for eight weeks. After that, the voting will be closed, but the “Voteled” will still be visible with the end result. As an example we have inserted a screenshot of the Voteled Billboard below. You can see the different topics like Entertainment, Sports, Lifestyle Travel, Product & Consumer etc. If you are interested in one of the sectors you can click them, to see some more questions which fit to the topic. [[{"type":"media","fid":"4476","view_mode":"media_large","instance_fields":"override","attributes":{"class":"media-image aligncenter wp-image-1993","typeof":"foaf:Image","style":"","width":"293","height":"409"}}]] In a next step you can answer the question you are interested in. There are between 2 - 5 possible answers given. [[{"type":"media","fid":"4477","view_mode":"media_large","instance_fields":"override","attributes":{"class":"media-image aligncenter wp-image-1994","typeof":"foaf:Image","style":"","width":"366","height":"306"}}]] After voting you can see how many people voted and what answers they gave. With every vote you earn a viral button for your profile. If you click this button, you will be redirected to the connecting Voteled. [[{"type":"media","fid":"4478","view_mode":"media_large","instance_fields":"override","attributes":{"class":"media-image aligncenter wp-image-1995","typeof":"foaf:Image","style":"","width":"386","height":"407"}}]] Sign up is free, but brands and organizations can apply for a paid VoteBash Verified Business Account when they sign up as an organization and are trademark owner or are authorized to act on behalf of the owner of an exclusive right. For more information, follow the link: https://www.votebash.com/accounts/verified [[{"type":"media","fid":"4479","view_mode":"media_large","instance_fields":"override","attributes":{"class":"media-image aligncenter size-full wp-image-2000","typeof":"foaf:Image","style":"","width":"500","height":"300"}}]]   Only accounts with a blue verified badge next to the citizen screen name are verified accounts. Where can I find out more? If you want to find out more, follow the link: https://www.votebash.com and sign up at https://www.votebash.com/citizen/signup and try VoteBash. Also, for more information please see Martijn Atell’s most recent interview: http://youtu.be/pX_NVKc9nVo Personal note by the author, Alexandra Dellmeier: LexDellmeier IP Law Firm is extremely proud to present Martijn Atell and his new social media platform on our blog. Martijn is not just a personal friend and a fantastic entrepreneur, but used to be, literally the closest trademark client we had – approx. 30 feet away from LexDellmeier’s office entrance. We have been involved since the “birth” of the name “VoteBash” and have seen his project develop and go online. Martijn and his wife Bettina meanwhile moved to the United States where he will grow his social voting site to a house hold brand. We wish Martijn all the best and a great success with VoteBash in the upcoming months and years. We would be delighted if you support Martijn, too, by signing up, voting and contributing at VoteBash.

[embed]https://www.youtube.com/watch?v=XkBNbcMR_Uo[/embed]

SyncForce, founded in 1999, is a leading provider of business software that supports branded goods manufacturers. SyncForce also powers “Ranking the Brands”, which just published the Top 500 Franchise Ranking. Only franchise companies with a minimum of 10 units and with at least one being in the US are eligible to take part in the Franchise 500 ranking. The ranking company compared the franchise companies on the factors financial strength and stability-, growth rate-, size of the system,- the number of years of being in business-, the length of time it’s been franchising, startup costs,- percentage of terminations and if financing is provided. Below you can see the “Top 10” of the ranking:   [[{"type":"media","fid":"4457","view_mode":"media_large","instance_fields":"override","attributes":{"class":"media-image wp-image-1953 alignleft","typeof":"foaf:Image","style":"","width":"70","height":"45"}}]] [[{"type":"media","fid":"4458","view_mode":"media_large","instance_fields":"override","attributes":{"class":"media-image wp-image-1954 alignleft","typeof":"foaf:Image","style":"","width":"134","height":"43"}}]][[{"type":"media","fid":"4459","view_mode":"media_large","instance_fields":"override","attributes":{"class":"media-image wp-image-1955 alignleft","typeof":"foaf:Image","style":"","width":"65","height":"47"}}]] [[{"type":"media","fid":"4460","view_mode":"media_large","instance_fields":"override","attributes":{"class":"media-image wp-image-1956 alignleft","typeof":"foaf:Image","style":"","width":"67","height":"49"}}]][[{"type":"media","fid":"4461","view_mode":"media_large","instance_fields":"override","attributes":{"class":"media-image wp-image-1957 alignleft","typeof":"foaf:Image","style":"","width":"113","height":"42"}}]][[{"type":"media","fid":"4462","view_mode":"media_large","instance_fields":"override","attributes":{"class":"media-image wp-image-1958 alignleft","typeof":"foaf:Image","style":"","width":"44","height":"43"}}]] [[{"type":"media","fid":"4463","view_mode":"media_large","instance_fields":"override","attributes":{"class":"media-image wp-image-1959 alignleft","typeof":"foaf:Image","style":"","width":"127","height":"38"}}]] [[{"type":"media","fid":"4464","view_mode":"media_large","instance_fields":"override","attributes":{"class":"media-image wp-image-1960 alignleft","typeof":"foaf:Image","style":"","width":"124","height":"62"}}]] [[{"type":"media","fid":"4465","view_mode":"media_large","instance_fields":"override","attributes":{"class":"media-image wp-image-1961 alignleft","typeof":"foaf:Image","style":"","width":"69","height":"69"}}]] [[{"type":"media","fid":"4466","view_mode":"media_large","instance_fields":"override","attributes":{"class":"media-image wp-image-1962 alignleft","typeof":"foaf:Image","style":"","width":"51","height":"51"}}]]       If you want to see the whole ranking, follow the link: http://www.rankingthebrands.com/The-Brand-Rankings.aspx?rankingID=80&year=889        

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The French Trademark Office “L'Institut national de la propriété industrielle (INPI) and the Office for Harmonization in the Internal Market (OHIM) refuseregistrations of the slogan „Je suis Charlie“.”

An image of the slogan "Je suis Charlie" was posted on Twitter by Joachim Roncin, a French artist and music journalist for Stylist Magazine, one hour after the massacre took place 7 January 2015 in Paris. Roncin says he created the image because he lacked words. Already two days after the attack, the image of the slogan had become one of the most popular news hashtags on Twitter. The slogan “Je suis Charlie” was embraced worldwide, it was used in music, displayed in print and animated cartoons, and became the new name of a town square in France. Not even a week later, the French Trademark office had over 50 applications of trademark containing the words “Je suis Charlie”. But the INPI expects that the slogan is not distinctive as a trademark. Also, the profitable use of this solidarity manifestation can be seen as a infringement to public policy and to accepted infringement to public policy. It is being argued that, the slogan belongs is “public domain” because it is a part of French/International History and therefore cannot be used to make profit. Similar thoughts are being made by the OHIM, which refuses Community Trademark applications with the same content. Even though INPI and OHIM may not register the slogan as a trademark, other offices around the world may decide differently. Therefore, legal uncertainties remain.

The German Federal Patent Court clarified with its judgment (Judgment dated 5 August 2014; Case No.: 27 W (pat) 18/14) in the case “BOSCH” vs. “boshi” that likelihood of confusion is only given if various factors are cumulatively applicable: The similarity of the goods and services, script, sound and meaning of both trademarks and the reputation of the older trademark. Background of the Case and Subject Matter In April 2011 the German Startup – myboshi GmbH – filed an application for the word mark “boshi” (German TM No. 30 2011 018269) for – among others – clothing and toys. Thereon, the German manufacturer Robert Bosch GmbH filed an opposition based on their word mark “BOSCH” (German TM No.: 300 71 712) for the same goods. The German Patent and Trademark Office decided that “boshi” can be registered because there is no likelihood of confusion to “BOSCH”. Below you can see the signs used in commerce of both companies. [[{"type":"media","fid":"4455","view_mode":"media_large","instance_fields":"override","attributes":{"class":"media-image aligncenter size-full wp-image-1940","typeof":"foaf:Image","style":"","width":"600","height":"162"}}]]   Decision The German Federal Patent Court compared the signs and came to the result that there is no likelihood of confusion. Likelihood of confusion is assessed on the basis of if there is a high risk that the targeted consumers must assume that the relevant goods and services derive from the same or connected companies. Therefore, various factors need to be taken into account. On the one hand side, the specific goods and services of the applied for mark and the earlier sign need to be evaluated. On the other hand, the script, sound and meaning of the two trademarks have to be compared. Also the reputation of the older trademark can be taken into account. The court compared the signs and took note of the fact that, both parties use the trademarks for the same goods and services. But the phonetic and visual differences between the two signs are sufficient in order to rule out the similarity of the goods and services. Therefore, the court pointed out, that “boshi” is completely written in lowercases while “BOSCH” is completely written in uppercases. Furthermore, the rare combination “sh” in “boshi” creates an unusual script. Moreover, the sound is not the same because “boshi” ends with “i”. Besides, the word “BOSCH” is a family name and “boshi” is a neologism which is created out of the japanese word „boushi“ for cap. Finally, the court pointed out, that “BOSCH” may have a high reputation for electronics but, not for clothing and toys. Consequently, the court decided that there is no likelihood of confusion between the trademarks.

[[{"type":"media","fid":"4452","view_mode":"media_large","instance_fields":"override","attributes":{"class":"media-image wp-image-1927 alignright","typeof":"foaf:Image","style":"","width":"122","height":"174"}}]] The World Intellectual Property Organization (WIPO), a specialized agency of the United Nations headquartered in Geneva, Switzerland, has just published the Global Innovation Index (GII) Report. The report provides a wide range of indicators covering the following areas of intellectual property: patents, utility models, trademarks, industrial designs, microorganisms and plant variety protection. Trademarks As you can see from the figures below, the total number of classes specified in applications for the first time surpassed the seven million. The ranking of the top 20 Trademark Offices was similar to that in 2012. China had the highest trademarking activity with 1.88 million class counts, followed by the United States with 486,128 million class counts and Europe (OHIM) with 324,749 million class counts. Only the Russian Federation edged in front of Turkey and therefore, enters into the top five. In addition, the Republic of Korea and India surpassed Germany. [[{"type":"media","fid":"4447","view_mode":"media_large","instance_fields":"override","attributes":{"class":"media-image aligncenter size-full wp-image-1922","typeof":"foaf:Image","style":"","width":"600","height":"221"}}]] As you can see below, trademark filings were equally low and stable until the mid-1980s. Chinese filings took off in the 1990s. Filings in the US have doubled since 1995 despite the decline at the end of the dot-com era in 2001 and 2002 and the financial crisis in 2008 and 2009. [[{"type":"media","fid":"4448","view_mode":"media_large","instance_fields":"override","attributes":{"class":"media-image aligncenter size-full wp-image-1923","typeof":"foaf:Image","style":"","width":"600","height":"241"}}]]   Below you can see the trademark applications by sector (Top Three Sectors) and origin. Trademarks relating to the service class that is associated with business management and administration have continued to the top. They are followed by the goods class that cover clothing and the research and technology class relating, among others, to scientific, photographic and computers.   [[{"type":"media","fid":"4449","view_mode":"media_large","instance_fields":"override","attributes":{"class":"media-image aligncenter size-full wp-image-1924","typeof":"foaf:Image","style":"","width":"600","height":"198"}}]] Patents In total, innovators filed 2.57 million patent applications worldwide in 2013. This is a 9% increase in comparison to 2012. The global total consists of 1.71 million resident filings and 0.86 million non-resident filings. China (32.1% of world total) and the US (22.3% of world total) received more than half of the global filings, while the European Patent Office (EPO) has to recognize that, its share of the world total felt to 5.8%. Below you can see the top three technology fields for the top ten origins. In total, computer technology (7.6% of total) are the most published applications worldwide, followed by electrical machinery (7.2% of total), measurement (4.7% of total), digital communication (4.5% of total) and medical technology (4.3% of total).   [[{"type":"media","fid":"4450","view_mode":"media_large","instance_fields":"override","attributes":{"class":"media-image aligncenter wp-image-1925","typeof":"foaf:Image","style":"","width":"606","height":"205"}}]]   Below you can see the patent applications at the Top10 offices in 2013. As the figure shows, China’s State Intellectual Property Office (SIPO) maintained its position as Top Patent Office in the world with 825,136 filings, followed by the United States with 571,612 filings and Japan by 328,436 filings. The European Patent Office (EPO) received fewer applications in 2013 than in 2012. [[{"type":"media","fid":"4451","view_mode":"media_large","instance_fields":"override","attributes":{"class":"media-image aligncenter size-full wp-image-1926","typeof":"foaf:Image","style":"","width":"600","height":"217"}}]]   For more detailed information and the full report including charts, overviews and other statistics please see: http://www.wipo.int/edocs/pubdocs/en/wipo_pub_941_2014.pdf

2014 was an exciting year for our law firm: We are especially delighted that Mrs. Hannah Eckermann and Mrs. Marlene Treffler joined our team. Besides, we are lucky that we could expand and transmit our knowledge to others at numerous seminars and conferences in 2014. Also, we earned the Corporate INTL Legal Award 2014 in the Category: Boutique Intellectual Property Law Firm of the Year 2014 in Germany Furthermore, we are very proud that we gained a lot of new readers of our IP blog and we want to thank you for all the nice comments you left for us. Moreover, we created a Newsletter and a Facebook account. With this in mind, we wish you all a Happy New Year.

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Christmas is a time for tranquility, contemplation and the family. But, it is also a time of consumption: Many people receive a 13th salary or holiday bonus which they spend on presents, decoration and at Christmas markets. Approx 20% of the trades revenue is generated on and around Christmas. Therefore, companies try to “trademark” Christmas. As a result of that, competition is fierce during the holiday season. The office responsible for the registrations of trademarks in the EU, OHIM, reports numerous registered trademarks that incorporate “Christmas”. For example, HELLO SANTA (USPTO: Serial No.: 78655862) for toy telephones designed to simulate calls to Santa Clause in the North Pole; THE CHRISTMAS FACTORY (OHIM: CTM No.: 008726101) for Christmas decoration; the movie heading THE NIGHTMARE BEFORE CHRISTMAS (OHIM: CTM No.:  004601183) and WHITE CHRISTMAS (OHIM: CTM No.: 012140794). Below you can see some further holiday season word / device marks:   [[{"type":"media","fid":"4437","view_mode":"media_large","instance_fields":"override","attributes":{"class":"media-image alignnone wp-image-1883","typeof":"foaf:Image","style":"","width":"97","height":"171"}}]][[{"type":"media","fid":"4438","view_mode":"media_large","instance_fields":"override","attributes":{"class":"media-image alignnone wp-image-1884","typeof":"foaf:Image","style":"","width":"272","height":"144"}}]][[{"type":"media","fid":"4439","view_mode":"media_large","instance_fields":"override","attributes":{"class":"media-image alignnone wp-image-1885","typeof":"foaf:Image","style":"","width":"130","height":"149"}}]]   OHIM: CTM No.: 004586863; OHIM: CTM No.: 003362845; OHIM: CTM No.: 012063624 But, there are also many Christmas combinations which were not able to be registered as trademarks: For example, the United States Patent and Trademark Office (USPTO) decided “MERRY CHRISTMAS” (Serial No. 78161138) for non-alcoholic juice beverages is not distinctive and gives no indication for the origin of the product. The Office for Harmonization in the Internal Market (OHIM) refused, for similar reasons, the applications "CHRISTMAS BLEND" (CTMA No.: 000595140) for coffee and “Silent night holy night - the Christmas concert” (CTMA No.: 006442487) for picture and audio carriers. Therefore, it is important to think and plan a “Christmas Trademark” carefully. Not every name is protectable as a trademark. And, the question always remains, how far does its protection in case of infringement reach.