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1. Counterclaims, as provided for in Article 100 EUTMR or Article 84 CDR, are defence claims made by a that is being sued for the infringement of an EUTM or Registered Community Design (RCD).
2. Legal (Article 93(1)(a) EUTMR and Article 78(1)(a) CDR) are professional representatives who, depending on the national law, are always qualified to represent third parties before national offices.
3. The trade mark ‘ARCADIA’ was originally applied for wines, spirits (beverages) and liqueurs in Class 33. The objected because the trade mark was descriptive of the geographical origin of wines, to the extent that Arcadia is a Greek region known for its wine production (however, it should be noted that Arcadia is not a protected geographical indication). The offered to limit the specification of goods to exclude wines made in Greece or, if preferred, to include only wines produced in Italy. On appeal, the Board confirmed the reasoning of the examiner.
4. Distinctive character of a sign, including that acquired through use must be assessed in relation to the presumed perception of the average for the category of goods or services in question.
5. An opposition must be based on at least one earlier right owned by the .
6. The competent division of the Office may not under any circumstances contact the to remedy formal or substantive deficiencies in the appeal.
7. The results of the search report are for information purposes only and to give the the option of withdrawing the EUTM application before it is published. Surveillance letters inform of earlier EUTMs about new, similar EUTM applications.
8. A licence refers to a situation where the rights of the in the EUTM arise from a contractual relationship with the proprietor.
9. Observations on the existence of an absolute ground for refusal can be made by third parties. The Office issues a receipt to the party that submitted the observations (the ), confirming that the observations have been received and have been forwarded to the applicant. The does not become a party to the proceedings before the Office but can consult the online search tools to check the status of the relevant EUTM application.
10. Under Austrian law (Section 43 AGBG), ‘the person whose right to use his name has been contested or whose name is used without due [cause] to his detriment, infringing his protectable interests, can request the to cease and desist and to compensate any damages.’