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OHIM Universities Network

The OHIM Universities Network was set up in 2008 in order to promote a better knowledge of Community trade marks and designs at European universities.

With the formation of the network, OHIM’s cooperation with universities changed from the previous focus of encouraging students to write research papers in order to compete for an annual prize, to having closer alignment with IP Masters programmes.

Two students from each participating university are invited to write their Masters theses on topics on the CTM or CD system, proposed by OHIM. These students come to present their (interim) results during research meetings, held at OHIM, where they have interchanges with senior OHIM staff acting as “research advisers”.

A total of 18 universities took part in the programme in 2009-2010, and in 2010-2011, this is expanding to 22 universities in the European Union.

For more information on the conditions for taking part in the programme see:

OHIM Universities Network 2011-2012 (PDF)
Questionnaire for Universities interested in taking part (MS Word)

 

 

OHIM Universities Network – Year 2010-2011

The opinions expressed by the authors in their master thesis are strictly personal and do not necessarily reflect the views of the Office for Harmonization in the Internal Market (Trade Marks and Design). All rights reserved. No part of this publication may be reproduced, stored in retrieval systems, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior authorisation of the authors. The Office shall not be held liable, nor shall its liability be sought, in connection with any copyright or author’s right issues arising out of these theses.

First research

Scope and limits of the protection of distinctive signs against Community Designs.

Introduction by Mr. Arnaud Folliard-Monguiral, Litigator of the OHIM before the ECJ

  • First Speaker: Ms Diane Pinard, University of Aix Marseille
     

Second research

Scope and limits of the protection of appellations of origin/designations of origin/geographic indication against Community trade marks.

Introduction by Mr. Arnaud Folliard-Monguiral, Litigator of the OHIM before the ECJ

  • First Speaker: Ms Mariana Ogaz Díaz, University of Stockholm
  • Second Speaker: Ms Magdalena Kolasa, Munich Intellectual Property Law Center
  • Third Speaker: Ms Ana Sofia Rosa Mendes Walsh, University of Maastricht
     

Third research

Is it possible for a Community trade mark to acquire reputation in the EU within the meaning of Article 8 (5) CTMR if it is only known in a Member State?

Has the Judgment of the Court of Justice in Pago provided a satisfactory answer to that question? How do you compare the position taken by the Court with the opinion of the Advocate General in the same case?

Introduction by Mr. Dimitris Botis, Head of Litigation Service of the OHIM

  • First Speaker: Mr. Andreas Jacob, University of Düsseldorf
  • Second Speaker: Mr. Plabo Quinzá Redondo, University of Valencia
     

Fourth research

What is the evidential standard for proving detriment and/or unfair advantage within the meaning of Article 8(5) CTMR, following the Judgments of the Court of Justice in Intel and L’Oréal?
Is that standard clear enough? How can it be applied in practice? Is it too low, or too high? What differences are there between that standard and the one applied by the General Court in cases concerning reputed marks?

Introduction by Mr. Dimitris Botis, Head of the Litigation Service of the OHIM

Fifth research

The scope of protection of weak trademarks in the assessment of likelihood of confusion.

Introduction by Mr. Giuseppe Bertoli, Member of the Boards of Appeal of the OHIM

Sixth research

The registrability of neologisms:
When are neologisms purely descriptive? How to draw the line? Is there difference as regards the language used?

Introduction by Mr. Gregor Schneider, Litigator of the OHIM before the ECJ

Seventh research

Likelihood of confusion:
The nature of the criterion of an "independent distinctive role".

Introduction by Mr. Gregor Schneider, Litigator of the OHIM before the ECJ

Eighth research

The function of a shape as absolute ground for refusal.

Introduction by Mr. Theophile Margellos, Chairman of the First Board of Appeal of the OHIM

Ninth research

Who owns a Community trade mark?

Introduction by Mr. Detlef Schennen, Chairman of the Fourth Board of Appeal of the OHIM