Monday, 25 August 2014

What are my Chances?

Do you have the sort of client who wants to know the chances of success before you have the facts. Look no further than Darts-IP is the case law database for you. Not only have they collected a multitude of case reports from across the world, they have analyzed them and identified the points of law considered and the outcomes. If you wanted to know your chances of avoiding revocation in class 3 based on proper reasons for non-use, the above chart can give you some ideas but not a lot of hope. Double click on the web image to enlarge. Is it any better for class 5
or perhaps class 9
No for that class your chances are right down in the doldrums, a mere 5% at OHIM! Sample sizes are rather small. If you were a subscriber you would have all this lovely data at your fingertips and you would be able to review the decisions and translate the ones that are not in  English (works best in Google Chrome) and be better informed about the relative generosity of the Czech IPO in refusing to revoke unused marks.

As well as all this amazing but rather raw data, there is also an electronic book called Dixit Curia that gives helpful analysis on the various points of law and explains to me why its proper that proper reasons for non-use should be hard to find, but does not give many examples.

A good many UK practices are using this intriguing tool, so if you would like to join them contact Gary Cook and if you are a true SOLO remember to mention that . The Bodleian Library subscribes but the BL Business & IP Center does not seem to yet but for the less frequent user library access would be very convenient.

By the way there are little yellow stars on some cases and they do seem to be significant ones and colored bars alongside others that are not explained (or I missed it ) in the User Guide.

The databases available cover patents, domains, designs, copyright and unfair competition too.

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