Traduction de «marked proof » (Anglais → Français) :

(4) Where any lumber or lumbering equipment is marked with a timber mark or a boom chain brand registered under any Act, the mark or brand is, in proceedings under subsection (1), and, in the absence of any evidence to the contrary, proof that it is the property of the registered owner of the mark or brand.

2. Where, at the filing date or date of priority of the later trade mark, the period of five years within which the earlier trade mark must have been put to genuine use as provided for in Article 16 had expired, the proprietor of the earlier trade mark shall, in addition to the proof required in paragraph 1, furnish proof that the trade mark has been put to genuine use during the period of five years preceding the filing date or date of priority, or that proper reasons for non-use existed.

Clause 35 amends section 42 to, among other things, change the reference to a safety mark to reference to a dangerous goods mark (or another mark likely to be mistaken for a dangerous goods mark) and the reference to a prescribed document to a shipping record so that, in a prosecution, evidence that a means of containment or transport bore a dangerous goods mark or was accompanied by a shipping record is, in the absence of evidence to the contrary, proof of the presence and identification of dangerous goods indicated by the dangerous ...[+++]goods mark or other mark or shipping record.

Clause 35 amends section 42 to, among other things, change the reference to a safety mark to reference to a dangerous goods mark (or another mark likely to be mistaken for a dangerous goods mark) and the reference to a prescribed document to a shipping record so that, in a prosecution, evidence that a means of containment or transport bore a dangerous goods mark or was accompanied by a shipping record is, in the absence of evidence to the contrary, proof of the presence and identification of dangerous goods indicated by the dangerous ...[+++]goods mark or other mark or shipping record.

Whereas the protection afforded by the registered trade mark, the function of which is in particular to guarantee the trade mark as an indication of origin, is absolute in the case of identity between the mark and the sign and goods or services; whereas the protection applies also in case of similarity between the mark and the sign and the goods or services; whereas it is indispensable to give an interpretation of the concept of similarity in relation to the likelihood of confusion; whereas the likelihood of confusion, the appreciation of which depends on numerous elements and, in particular, on the recognition of the trade mark on the market, of the association ...[+++] which can be made with the used or registered sign, of the degree of similarity between the trade mark and the sign and between the goods or services identified, constitutes the specific condition for such protection; whereas the ways in which likelihood of confusion may be established, and in particular the onus of proof, are a matter for national Procedural rules which are not prejudiced by the Directive;

Whereas, without prejudice to any other form of proof, the compliance of electrical equipment with the harmonized standards may be presumed from the affixing or issue of marks or certificates by the competent organizations or, in the absence thereof, from a manufacturer's declaration of compliance ; whereas in order to facilitate the removal of barriers to trade the Member States should recognize such marks or certificates or such declaration as elements of proof ; whereas, with this end in view, the said marks or certificates shoul ...[+++]d be publicized in particular by their publication in the Official Journal of the European Communities;