Monthly IP Training
26 September 2006
Topics

Revision

Revocation of decisions

Restitutio in integrum

Continuation of proceedings
Revision

Article 60 ex parte
 No legal change
 Centralised in TMD
 Aim to shorten time

Article 60a inter partes
 New provision
 Consent of other party
Revocation of decisions I
 No
good legal basis before
 Article
77a
 Practice
 Will
note on website
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
 Six
month absolute time limit
 No
fee
 Difficulty
in inter partes cases
Restitutio in integrum

Existing provision Article 78
 Change for priority claim

Heavy onus of proof

Fee to be paid

Result is as if it had been done
Continuation of proceedings I
 Not
possible before
 Article
 In
78a
essence buying back into missed
time limits
Continuation of proceedings II
Formal requirements only
 Request within two months
 Fee payment (€400)
 Omitted act done
 Fee
refunded if request rejected
Continuation of proceedings III
 Result:
 As
if it had been done on time
 New
decision, confirming or
amending earlier one
Excluded time limits
 Filing
date
 Priority and seniority time limits
 Opposition deadlines
 Renewal
 Appeals
 Restitutio
Which route?

The party must choose, the Office should
not advise on choices

Possibility of multiple choices
CLASSIFICATION
RECYCLING COURSE
September 2006
Marie-Anne Hillbro
Thom Clark
Scope of protection!

Class 9 Electronic publications

Not necessary to add [downloadable]

Class 41 Electronic publication services
Not necessary to add [non-downloadable]

Stand alone video output game machines

Arcade games

These belong to Class 28

A change between the 7th and 8th edition

Only the mechanisms for these apparatus
belong to Class 9.

Here we go …

PLAYSTATION® Class 9

GAMEBOY® Class 28





Dictionary definition;
video game and electronic games
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
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.

These goods belong to Class 11

These goods are classified according to
purposes.

Medical work stations comprised of
computer displays, hardware and
operating software.

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.
This would be possible with the goods included in the
Classes 29 30 and 31!
As with everything else in the Nice classification there
will be exceptions to the rule regarding food
supplements.

Dentifrices, soaps and shampoos:

Medical or non-medical, for human or
veterinary purposes according to the Nice
Classification are classified in Class 3

One exception: mouth washes

Leasing access time to a computer database

ALWAYS CLASS 38
However,

Leasing access time to a computer

ALWAYS CLASS 42
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.

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
Distributor
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
 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!

LOBBYING – POLITICAL PROPAGANDA

Milk marketing board Class 35

Mothers against drink and drive Class 45

Commercial – Non-commercial

Humanitarian aid services and other types
of charitable services

Classes 36, 39, 43, 44, 45

They will always have to specify their
services

And now I hope you will have lots of
questions!!!!!!!!!!!