The following is a guest post from Roberto A. Jacchia and Giulia Beneduci De Berti Jacchia Franchini Forlani in Milan. They have some interesting thoughts on non traditional trade marks and the impact of the recent EU trade mark reforms. Here is what they have to say In todays highly competitive markets, producers of consumer goods increasingly launch new marketing strategies, aimed at stimulating a broad array of sensory reactions, often based on innovative technologies. Consequently, the commercial appeal of non traditional trademarks has increased, and IP law has been compelled to address the manifold challenges involved by their protection. In the abstract, all kinds of signs can amount to trademarks, and atypical marks are a multi faceted and lively reality. Just to make some famous examples among EU registrations, one can think of the lilacviolet colour of the packaging of Milka chocolate colour trademark, Mc. Donalds jingle Im lovin it sound trademark or the Nokia video of a handshaking displayed on mobile phones when switching on motion trademark. However, non conventional trademarks present difficulties in relation to the fulfilment of the requirements for registration. Cable Tv Software Blogspot' title='Cable Tv Software Blogspot' />The U. S. Economy Is Finally Living Up to Lowered Expectations Output has reached potentialbut only because estimated potential has come down. In general, they have often been excluded from registration, or thereafter declared invalid, usually because either i the applicant or proprietor was unable to represent them graphically, ii they were found to lack distinctive character, andor iii they were considered an indivisible part or feature of the product. One of the major changes introduced by the recent EU Trademark Reform pursuant to Regulation EU 2. New Regulation and Directive 2. EU New Directive addresses the concept of sign capable of registration as a trademark. This directly impacts on the protection of atypical marks. Graphical representation. The recent Reform abolished the original requirement of graphical representation of the sign. Starting from 1 October 2. This may be just a bit late just a little, lol but a good bit of info that solves this without having to resort to component cables. While the cable box is off. Ive noticed lately that every online site that I purchase something from sends me followup emails asking me to rate my purchase or review the product. The IPKat blog reports on copyright, patent, trade mark, infotech and privacyconfidentiality issues from a mainly UK and European perspective. EU trade mark, the sign must still be capable of being represented, but any appropriate form of representation is admitted, as long as it enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor Article 4, letter b, of the New Regulation. The corresponding provision in Article 3, letter b, of the New Directive will need to be transposed by Member States within January 1. Besides, another change introduced by the Reform is the express addition of colours and sounds to the exemplifying list of signs capable of being registered as trade marks pursuant, again, to Article 4 of the New Regulation and Article 3 of the New Directive. The requirement of graphical representation was conceived in order to define the mark and determine the precise scope of the protection afforded to its holder and, mirror wise, of the rights of third parties. The Court of Justice of the European Union CJEU expressly connected the need for a clear and precise representation of the mark to that of legal certainty, not only towards the public and consumers, but likewise towards the authorities, as well as other economic operators. Reflecting the principles laid down by the CJEU in the Sieckmann judgment 1. Case C 2. 730. 0, Recital 1. New Regulation and Recital 1. New Directive now provide that the trademark representation must be clear, precise, self contained, easily accessible, intelligible, durable and objective. Cable Tv Software Blogspot' title='Cable Tv Software Blogspot' />The Commission Implementing Regulation EU 2. Implementing Regulation, also applying as from 1 October 2. Recital 6 and in Article 3 sets out a series of technical rules for the representation of certain types of trademarks when filing an application before the European Union Intellectual Property Office EUIPO. For example, a multimedia mark consisting of, or extending to, the combination of image and sound, must be represented by submitting an audiovisual file containing the combination of the image and the sound Article 3. Implementing Regulation, while a hologram mark must be represented by submitting a video file or a graphic or photographic reproduction containing the views which are necessary to sufficiently identify the holographic effect in its entirety letter j. A table on the EUIPO website lists the most popular types of trademark, specifying their respective representation, whether a description is required and the format accepted by the Office from 1 October 2. What about smell, taste and tactile marksOn the other hand, for certain borderline categories of atypical marks, the EU legal system seems not yet ready. Article 3. 9 of the Implementing Regulation provides that the filing of a sample cannot constitute a proper representation, hence in practice impedes the registration, of smell, taste and tactile trade marks, because the subject matter of protection cannot be determined with clarity and precision with generally available technology EUIPO Guidelines for Examination, Part B, Section 4, Chapter 2, Version of 0. Actually, as specifically regards olfactory trade marks at EU level, the registration of the smell of fresh cut grass for tennis balls, filed in the nineties and then expired without renewal, altogether remained an isolated case. What does the future hold On the whole, the EU Trademark Reform encourages the registration and protection of atypical trade marks, by releasing the representability requirement from its graphical declination. However, as some Italian legal literature recently observed, the requirement still applies in compliance with the demanding Sieckmann criteria, which continue to be referred to in the Recitals of the New Regulation as well as the New Directive. JqA-nk0KUWA/U1Md7BkrUJI/AAAAAAAAAbk/UaQ3aR8HZcQ/s1600/ceton4.png' alt='Cable Tv Software Blogspot' title='Cable Tv Software Blogspot' />Therefore, the impact that the Reform will have on non conventional trademarks remains to be seen based on how the Courts and IP Offices, especially the CJEU and EUIPO, will implement the changes. A particular auspice among cutting edge businesses, increasingly investing in scent marketing, seems to be that new methods of representation could be developed in the future with the progress of science, so that the evanescent, unstable nature of scent may then no longer prove an obstacle to registration. Ron Martinsens Photography Blog. Meural Canvas 2. 0 Box Bottom. Ive owned the first version of the Meural Digital Canvas photo frame for over a year and Ive been loving every minute of it. Theres not a day that goes by that I dont spend a few minutes enjoying watching some of my favorite photos displayed on it as I stare at it from my dinner table. My friends, family, and yes even my teenage kids all have gushed over how cool our frame is, so when the folks at Meural told me that I could review the latest and greatest version, I was all over it This is my first impressions, but Ill be doing a more comprehensive review very soon. For this one I thought Id start with the packaging, as theres been a big upgrade there that makes this product feel more polished and professional versus something that comes from a startup. Meural Canvas 2. 0 Box Top Side. Just check out the cool packaging which illustrates one of the great features about this product you can not only show your own photos but a galleries of other flavors of fine art. When I got my first frame, I wasnt so sure about why I would ever want to show other peoples art, but after exploring the available content I found myself adding a couple dozen photos. In fact, my oldest son loved some of those photos so much that he went on a trip to Norway to try to locate some of the places featured on my frame and was thrilled to see them in real life A Quick Peek Inside  Meural Canvas 2. Box Inside with quick start manual. I hate unboxing videos, so I thought Id cut to the chase and just show you some quick pics. I dont usually do this, but I know I was worried about my frame getting damaged in shipment. I thought this could be a useful article to show just how well it is packed for those who had doubts about its safety when ordering online. Meural Canvas 2. 0 Box Frame Packaging. As you can see the frame is very well protected and arrived in perfect condition to my house near Seattle even though it had been shipped from New York. I was pleased to see the protective cover and despite the cool temperatures it arrived with no issues. Pinnacle Studio 12 Crack Keygen Download there. To be fair, I did let it acclimate to my house for 8 hours before opening just to make sure there was no condensation issues. Meural Canvas 2. 0 Box   Hanging Hardware Cleat. The mounting hardware was secured with tape removed here but I have what I need to hang my frame securely in the sheetrock. I didnt hang my first frame because it just rested nicely in my TV alcove and I used a couple big crystal trophies to hold it secure in place not recommended. Meural Canvas 2. 0 Box   Rear View. On the back side frame, the cleat mounts are much more polished literally and theres better frame ventilation although my v. Theres also a big purple port to accept the power with space to coil up extra slack from the power cable if you dont need to extend it. Software. Web Frame Management Site. Partial List of Settings Shown. If you own an existing Meural frame, then you can see the new software. However, if you dont then its evolved a lot since my original review. Its a lot more robust and user friend with support to features available both on the website AND phone. Ill cover this more in my review, but I wanted a quick mention to let people know that the software that was the Achilles heal of the original models, is now working well and all the bugs are worked out. First Thoughts. Everything just worked out of the box and felt very much like my original frame which is a good thing, since I liked it quite a bit. The quality of the black frame is very different. It has more of a bevel to it, but it seems more manufactured than the wood of the first version. I cant say that is a good or a bad thing its just different. Overall, this frame looks more commercial whereas the first version felt more hand made. However, from a distance they both look very similar and quite good. The power cord cable is MUCH improved and significantly longer than the one I got with my review unit for the first version. Theres also multiple adapters for different regions, but the one right out of the box worked fine in the US. Usability wise, it felt like the much improved i. OS app was more responsive with this frame than the first version, but otherwise the only noticeable improvements were a better onboarding experience than when I last did this 1. So far its been working great and not really a huge difference than my first one, but thats a good thing because the firmware and software of my first one have been updated to make it act the same as this one. My only gripe has been that he gesture feedback often leaves me giving the frame a middle finger gesture, as it just doesnt work very reliably. However, the phone allows you to do everything you need so I just use it instead as Ive done with the first version of the frame. The biggest improvement seems to be support for auto rotation, but thats not something I find very practical as I plan on putting it up one way and leaving it like that forever. In fact, Im considering leaving this one in portrait orientation while I leave my old one in landscape. Conclusion. Simply put, this is pretty much everything I liked about the first one but with a lot more spit and polish. It feels more like a mass distributed product rather than a one off, but still looks way better than any other digital frames Ive ever used. Definitely put this on your short list for holiday gifting as the image quality is fantastic and the ease of use via the phone app and web site make it very serviceable remotely after you get it set up initially. For my v. 1 the only glitch was the need to occasionally unplug and re plug it to reboot it to get it back on my network again, but I havent had this one long enough to see if that issue still exists. More coming in the full review soon. Where to Buy CLICK HERE to learn more or buy today. Other articles you may enjoy. If you enjoyed this article, you may also enjoy these Enjoy these and more on the Reviews tab as well as Rons Recommendations. Disclosure. If you make a purchase using links found in this article, I may make a commission. It doesnt cost you a penny more, but it does help to support future articles like this. NOTE This site requires cookies and uses affiliate linking to sites that use cookies. Either way, your support is greatly appreciatedThis blog is intended for freelance writing and sharing of opinions and is not a representative of any of the companies whose links are provided on this site. Free Cccam Server Test Line. The opinions provided are of Ron Martinsen alone and do not reflect the view of any other entity.