tifosi

won't let me

texidriver

[quote=grandin]....... cause TM would not be issued on a name that is solely descriptive of the classification of trade.

Get your head round this then.

"Football"

Class 41:
Providing sports facilities and recreation facilities; sports and recreation
advisory and information services; organising sports events; rental of stadium
facilities and sports equipment; organisation of competitions; sports club
services; physical education; games services provided on-line from a computer network.

http://webdb4.patent.gov.uk/tm/numbe...demark=2374590

grandin

nigel you wrote 'I would agree with your good examples and reasoning - I assume Nominet experts in a DRS would take a similar line but I don't whether it has been put to the test.'

My problem with the drs, wipo and eurid is that they are not prepared to make clear cut rules and stand by them....they have a clause that empowers the expert 'to do as he likes'....if the rules were clear cut at least we would know where we stand and then we could then direct our energy to the rules that we thought were unfair.

With non clear cut rules we are to use common sense to interpret the rules BUT as EURID have said to me common sense has no place....so round and round we go....I wouldn't mind so much BUT the remedy for an expert is TRANSFER to the complainant which is turly unfair given so much uncertainty.......it is easy to make mistakes when its all but clear.....

Lee

__________________
Buy To Let Mortgages Buy To Let mortgages Discount Mortgages landlord insurance
van insurance student loan Commercial Mortgages Fixed Mortgages UK Hotels UK Holidays

grandin

texi wrote :
Get your head round this then.

"Football"

Class 41:
Providing sports facilities and recreation facilities; sports and recreation
advisory and information services; organising sports events; rental of stadium
facilities and sports equipment; organisation of competitions; sports club
services; physical education; games services provided on-line from a computer network.

http://webdb4.patent.gov.uk/tm/numbe...demark=2374590

Thats a good one texi....the patents reasoning is that class 41 has no relation to football but clearly the description does. Did the owner of the TM apply for a .eu domain name under sunrise...cause if they were first they would have got it!!

I might start applying for some trade marks on my generic words....is bul.co.uk a generic word or it just descriptive of trade mark law?

Lee

__________________
Buy To Let Mortgages Buy To Let mortgages Discount Mortgages landlord insurance
van insurance student loan Commercial Mortgages Fixed Mortgages UK Hotels UK Holidays

Nigel

I agree and this is another reason why the DRS fee should be a lot higher than NIL to initiate a DRS and just £750 to take to the Expert stage.

grandin

The DRS (as I see it) was designed to speed the process of Trade Mark holders getting hold of their relevant domain names prior to an infringement occurring. This has led to so many DRS cases that the DRS is too complex for any layman to understand....if common sense was to prevail then I do not think that any DRS would have a problem but the fact that common sense is not prevailing then the contract (the contract includes the DRS) is an unfair contract. The contract requires the registrant to be as good as a Trade Mark Attorney in interpretting the law....buying a domain is more complicated than buying a house and that transaction requires legal representation.

I must say....Nominet have got it easy in comparison to EURID...I don't understand my contract with EURID...the best they can do is refer back to the European Commission to re write the rules

Lee

__________________
Buy To Let Mortgages Buy To Let mortgages Discount Mortgages landlord insurance
van insurance student loan Commercial Mortgages Fixed Mortgages UK Hotels UK Holidays