Monthly IP Training 26 September 2006

Topics Revision Revision Revocation of decisions Revocation of decisions Restitutio in integrum Restitutio in integrum Continuation of proceedings Continuation of proceedings

Revision Article 60 ex parte Article 60 ex parte No legal change No legal change Centralised in TMD Centralised in TMD Aim to shorten time Aim to shorten time Article 60a inter partes Article 60a inter partes New provision New provision Consent of other party Consent of other party

Revocation of decisions I No good legal basis before No good legal basis before Article 77a Article 77a Practice note on website Practice note on website Will be reflected in guidelines Will be reflected in guidelines

Revocation of decisions II The error must be both obvious and of a procedural nature Errors of appreciation are excluded The file is returned to the position it should have been in To be done by unit making the mistake

Revocation of decisions III Own motion of Office or on request Own motion of Office or on request Six month absolute time limit Six month absolute time limit No fee No fee Difficulty in inter partes cases Difficulty in inter partes cases

Restitutio in integrum Existing provision Article 78 Existing provision Article 78 Change for priority claim Change for priority claim Heavy onus of proof Heavy onus of proof Fee to be paid Fee to be paid Result is as if it had been done Result is as if it had been done

Continuation of proceedings I Not possible before Not possible before Article 78a Article 78a In essence buying back into missed time limits In essence buying back into missed time limits

Continuation of proceedings II Formal requirements only Request within two months Request within two months Fee payment (€400) Fee payment (€400) Omitted act done Omitted act done Fee refunded if request rejected Fee refunded if request rejected

Continuation of proceedings III Result: Result: As if it had been done on time As if it had been done on time New decision, confirming or amending earlier one New decision, confirming or amending earlier one

Excluded time limits Filing date Filing date Priority and seniority time limits Priority and seniority time limits Opposition deadlines Opposition deadlines Renewal Renewal Appeals Appeals Restitutio Restitutio

Which route? The party must choose, the Office should not advise on choices The party must choose, the Office should not advise on choices Possibility of multiple choices Possibility of multiple choices

CLASSIFICATION RECYCLING COURSE September 2006 Marie-Anne Hillbro Thom Clark

Scope of protection! Class 9 Electronic publications Class 9 Electronic publications Not necessary to add [downloadable] Not necessary to add [downloadable] Class 41 Electronic publication services Not necessary to add [non-downloadable] Class 41 Electronic publication services Not necessary to add [non-downloadable]

Stand alone video output game machines Stand alone video output game machines Arcade games Arcade games These belong to Class 28 These belong to Class 28 A change between the 7 th and 8 th edition A change between the 7 th and 8 th edition Only the mechanisms for these apparatus belong to Class 9. Only the mechanisms for these apparatus belong to Class 9.

Here we go … Here we go … PLAYSTATION® Class 9 PLAYSTATION® Class 9 GAMEBOY® Class 28 GAMEBOY® Class 28

Dictionary definition; Dictionary definition; video game and electronic games video game and electronic games Electronic game controlled by microprocessor, and electronic Electronic game controlled by microprocessor, and electronic or computerized game, usually controlled by a microprocessor, played by making images move on a computer of television screen or, for hand-held games, on a liquid-crystal display or computerized game, usually controlled by a microprocessor, played by making images move on a computer of television screen or, for hand-held games, on a liquid-crystal display From this definition it is clear that video games can be classified in either Class 9 or Class 28 without any further clarification. From this definition it is clear that video games can be classified in either Class 9 or Class 28 without any further clarification.

Medical apparatus???? E.g. side-entry baths, sit baths, variable height baths, toilets all for the physically handicapped. E.g. side-entry baths, sit baths, variable height baths, toilets all for the physically handicapped. These goods belong to Class 11 These goods belong to Class 11 These goods are classified according to purposes. These goods are classified according to purposes.

Medical work stations comprised of computer displays, hardware and operating software. Medical work stations comprised of computer displays, hardware and operating software. CLASS 9!!!!!!!!! CLASS 9!!!!!!!!!

Food supplements This is how we see it!!! You do not cook up a plate of food supplements or invite someone for a meal of food supplements. You do not cook up a plate of food supplements or invite someone for a meal of food supplements. This would be possible with the goods included in the Classes and 31! This would be possible with the goods included in the Classes and 31! As with everything else in the Nice classification there will be exceptions to the rule regarding food supplements. As with everything else in the Nice classification there will be exceptions to the rule regarding food supplements.

Dentifrices, soaps and shampoos: Dentifrices, soaps and shampoos: Medical or non-medical, for human or veterinary purposes according to the Nice Classification are classified in Class 3 Medical or non-medical, for human or veterinary purposes according to the Nice Classification are classified in Class 3 One exception: mouth washes One exception: mouth washes

Leasing access time to a computer database Leasing access time to a computer database ALWAYS CLASS 38 ALWAYS CLASS 38However, Leasing access time to a computer Leasing access time to a computer ALWAYS CLASS 42 ALWAYS CLASS 42

RETAIL SERVICES Due to the decision in the PRAKTIKER case goods must be specified when applying for Retail services. Due to the decision in the PRAKTIKER case goods must be specified when applying for Retail services. The type of shop e.g. Clothes shop services cannot be accepted. The type of shop e.g. Clothes shop services cannot be accepted. This also applies to; department store, wholesale, distributorship, internet sales services. In fact any sales services must have the goods in question specified. This also applies to; department store, wholesale, distributorship, internet sales services. In fact any sales services must have the goods in question specified.

Distributorship Class 35 Distributorship Class 35Distributor Collins Dic “a wholesaler or middle man engaged in the distribution of a category of goods, esp. to retailers in a specific area.” In other words an agent.

Leasing Leasing Let’s not go there! Let’s not go there!Lease New Oxford Dic “a contract by which one party conveys land, property, services etc. to another for a specific time, usually in return for a periodic payment, in other words rental! New Oxford Dic “a contract by which one party conveys land, property, services etc. to another for a specific time, usually in return for a periodic payment, in other words rental!

LOBBYING – POLITICAL PROPAGANDA LOBBYING – POLITICAL PROPAGANDA Milk marketing board Class 35 Milk marketing board Class 35 Mothers against drink and drive Class 45 Mothers against drink and drive Class 45 Commercial – Non-commercial Commercial – Non-commercial

Humanitarian aid services and other types of charitable services Humanitarian aid services and other types of charitable services Classes 36, 39, 43, 44, 45 Classes 36, 39, 43, 44, 45 They will always have to specify their services They will always have to specify their services

And now I hope you will have lots of questions!!!!!!!!!!! And now I hope you will have lots of questions!!!!!!!!!!!