6-4-1 Cancellation: Word partnerships

1. In certain cases, the sign could _________________________ in the consumers’ minds some impressions/expectations as to the geographical origin of the goods or of the designer thereof and which may not correspond to reality.

2. In order to successfully ____________________________ Article 8(4) EUTMR in opposition proceedings, the earlier rights must be used.

3. The application is filed against an EUTM that no longer exists at the time of filing, since it has already been surrendered, has expired, or has been ________________________________ or invalidated by a final decision.

4. According to the Court, _________________________ covers ‘a situation where the term used to designate a product incorporates part of a protected designation, so that when the consumer is confronted with the name of the product, the image triggered in his mind is that of the product whose designation is protected’ (judgments of 04/03/1999, C-87/97, ‘Cambozola’, para. 25; 26/02/2008, C-132/05, para. 44).

5. 5. Rights falling under Article 8(4) EUTMR may only be ___________________________ if their use is of more than mere local significance.

6. The person represented may at any time ____________________________, in a written and signed communication to the Office, the appointment of a representative or the authorisation granted to them.

7. Professionals in the IT field and scientific field are in general more familiar with the use of technical and basic English words than the general public: In Gateway versus Activy Media Gateway, the Court held that the common word ‘gateway’ directly _______________________, in the mind of the relevant consumer, the concept of a gateway, which is commonly used in the computing sector (judgment of 27/11/2007, T-434/05, Activy Media Gateway, EU:T:2007:359, § 38, 48, confirmed by appeal, C-57/08 P).

8. Opponents often _____________________________ decisions of national authorities or Courts which have accepted the reputation of the earlier mark. Even though national decisions are admissible evidence and may have evidentiary value, especially if they originate from a Member State the territory of which is also relevant for the opposition at hand, they are not binding for the Office, in the sense that it is not mandatory to follow their conclusion.

9. Purely figurative marks (i.e. those not containing any word element) are not subject to a phonetic assessment. The ‘meaning’ that the image ____________________________ or its ‘description’ will be assessed visually and conceptually.

10. The EUTM enjoys a presumption of validity and it is for the invalidity applicant to ___________________________ before the Office the specific facts that call the validity of a trade mark into question (judgment of 13/09/2013, T-320/10, Castel, EU:T:2013:424, § 27-29).