OSI enforcement? (Was Re: Microsoft use of the term "Open Source")
romain at berrendonner.org
Wed Jan 9 11:17:51 UTC 2008
Rick Moen wrote:
> My French is good enough to enjoy old Simenon detective novels, but I
> don't trust it for reading legal/regulatory Web sites. However, at
> first glance, it looks to me as if not one of those 23 is a
> certification mark; they all appear to concern goods and services.
This is 100% correct. But the requirements established for certification
marks include those for trademarks dealing with goods and services, so
the question is of interest anyway.
> Anyway, I'm not particularly familiar with French trademark law,
> so I can't say of a certainty that your notion of "distinctiveness" is
> out of step with the Institut National de la PropriÃ©tÃ© Industrielle's
> criteria, but I rather suspect it is.
The requirement of "distinctiveness" is established by art. L711-2 of
the intellectual property code, so the INPI better be in line with it !
I had in particular a doubt about this (translation kindly provided by
"The distinctive nature of a sign that is capable of constituting a mark
shall be assessed in relation to the designated goods or services.
The following shall not be of a distinctive nature:
b) Signs or names which may serve to designate a feature of the
product or service, particularly the type, *quality*, quantity, purpose,
value, geographical origin, time of production of the goods or
furnishing of the service;
But looking at case law, it would seem that judges are relatively
lenient with this requirement.
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