Showing posts with label that. Show all posts
Showing posts with label that. Show all posts
Wednesday, May 31, 2017
Tips To Get Over That Bad Mood Of Yours
Tips To Get Over That Bad Mood Of Yours
Tips To Get Over That Bad Mood Of Yours
We give you some nice tips following which you can uplift your mood and get out of those terrible mood swings.
1. Take some nice smell in. It can either be the smell of wet mud, freshly baked cookies, noodles, or even colored pens. These nice smells would send positive signals to your brain, helping you boost up your mood.
2. Try to smile. I know that its hard when your mood isnt right, but smiling without any reason can actually help you improve your mood. .jpg)
3. Eat a chocolate. Believe it or not but cocoa carries stimulants that help you calm down and take it easy, a must when you are in a bad mood.
4. Take a pen and a paper, set a timer for 5 minutes and start venting it all out. Write everything that seems to annoy you and five minutes later, you would feel lighter and better. Note that this trick is better done with a pen and paper rather than a computer keyboard or mobile keypad.
5. Help someone. Buy a beggar some food, give someone a nice compliment, and listen genuinely to someones problem. When you feel good about yourself, you feel good in all the ways.
These were some easy tricks for you to get over your bad mood, but we are sure that there are many ways to uplift someones mood. Tell us what you do to battle your bad mood in the comments below.
Picture by Thinkstock
3. Eat a chocolate. Believe it or not but cocoa carries stimulants that help you calm down and take it easy, a must when you are in a bad mood.
4. Take a pen and a paper, set a timer for 5 minutes and start venting it all out. Write everything that seems to annoy you and five minutes later, you would feel lighter and better. Note that this trick is better done with a pen and paper rather than a computer keyboard or mobile keypad.
5. Help someone. Buy a beggar some food, give someone a nice compliment, and listen genuinely to someones problem. When you feel good about yourself, you feel good in all the ways.
These were some easy tricks for you to get over your bad mood, but we are sure that there are many ways to uplift someones mood. Tell us what you do to battle your bad mood in the comments below.
Picture by Thinkstock
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Sunday, May 21, 2017
General Court confirms that body builder silhouette cannot be registered as a trade mark for nutritional supplements
General Court confirms that body builder silhouette cannot be registered as a trade mark for nutritional supplements
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| The body-builder silhouette |
Can “a silhouette, represented in black, of a person adopting a typical body-building pose displaying the muscles of his body” be registered as a trade mark for – among other things – nutritional supplements, clothing, and footwear?
As Katfriend Nedim Malovic (@malovicSE) explains, this very question has been recently addressed by the General Court.
Here’s what Nedim writes:
“In its judgmenton 29 September 2016 (Universal Protein Supplements Corp v European Union Intellectual Property Office Case, T-335/15, EU:T:2016:579) the General Court upheld the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) concerning an application to register a figurative sign representing a body-builder as a EU trade mark for the following classes of goods and services, and descriptions:
Class 5: ‘Nutritional supplements’;
Class 25: ‘Clothing; footwear’;
Class 35: ‘On-line retail store services featuring nutritional supplements; health and diet-related products; clothing and footwear’.
Class 25: ‘Clothing; footwear’;
Class 35: ‘On-line retail store services featuring nutritional supplements; health and diet-related products; clothing and footwear’.
Background
In 2014 the applicant, Universal Protein Supplements Corp, filed an application with the EUIPO to have the EU territory designed in respect of the international registration of a figurative sign representing a body-builder. The application was for goods and services in the classes indicated above.
The EUIPO examiner rejected the application, on grounds that the mark lacked any distinctive character and was descriptive for the purpose of Article 7(1)(c) of Regulation No 207/2009 on the (now) European Union Trade Mark (EUTMR).
In late 2014 Universal Protein appealed the examiner’s decision.
The EUIPO Fifth Board of Appeal dismissed the appeal in March 2015. It held that the message conveyed by the sign related to ‘body-building’ or a ‘body-builder’ and that the relevant public would perceive a direct and specific link between the sign and the goods and services designated by the mark applied for.
The Board of Appeal concluded that such mark fell within the prohibition laid down in Article 7(1)(c) EUTMR. Furthermore, the mark was devoid of any distinctive character within the meaning of Article 7(1) (b) EUTMR, on the ground that it merely consisted of a representation of a body-builder, which would not enable the relevant public to perceive it as an indication of the commercial origin of the goods and services in question.
Universal Protein did not however lose hope, and decided to appeal the decision before the General Court. It claimed that: (i) the Fifth Board of Appeal had failed to consider the mark as a whole; (ii) that its own image of the body-builder has several meanings and conveys a message that goes beyond that of a ‘body-builder’ or ‘body-building’, and (iii) that securing registration would not impair the public interest aim that descriptive signs are not monopolised by economic operators.
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| The National Lottery silhouette |
Analysis
The General court began by examining whether Universal Protein’s mark should be considered descriptive.
Article 7(1)(c) EUTMR pursues a public interest aim. Referring to Agencja Wydawnicza Technopol, the court recalled that a sign that is descriptive of the characteristics of the relevant goods or services ought to be freely available for use. In addition, a sign of this kind fails to fulfil the essential function of a trade mark, ie to identify the commercial origin of one’s own goods or services.
The General Court then stated that the descriptive nature of a sign is only to be assessed, (1) by reference to the way in which it is perceived by the relevant public, and (2) by reference to the goods or services concerned:
(1) Having regard to the relevant goods and services (nutritional supplements, clothing, footwear and online retail services relating to those goods) and considering that the mark is strictly figurative and lacks any verbal element, the average consumer – obviously reasonably well informed and reasonably observant and circumspect – is the public of the entire European Union. This said, because the sign consists of a typical body-builder, displaying the muscles of his body, represented in black silhouette, the message conveyed by that sign would relate to body-building.
(2) The chosen goods and services in Classes 5 (nutritional supplements), 25 (clothing; footwear), and 35 (online retail store services featuring nutritional supplements; health and diet-related products; clothing and shoes), are all indicative that the mark applied for has a sufficiently direct and specific link with nutritional supplements, clothing, footwear, and online retail store services of those goods and goods related to health and diet. According to the court, even if the categories of goods and services at issue were to also include services with no link to body-building and that, accordingly, the sign at issue were not descriptive of all the goods and services in those categories, the applicant had applied for the registration of the sign at issue for each of these as a whole without making any distinction. Accordingly, the body-builder sign would fall within the prohibition set by Article 7(1)(c) EUTMR.
Contrary to the applicant’s claims, the court found that the alleged aesthetic character of the stylised image does not require any mental effort on behalf of the relevant public. The meaning of the sign at issue (which refers to the concept of ‘body-builder’ or ‘body-building’) is immediately clear. By referring to earlier case law, the court added that, even assuming that a sign has several meanings, if at least one of the meanings designates a characteristic of the goods concerned, then that sign must be equally refused.
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| Merpels silhouette |
The applicant’s further claim that there would be no general interest in requiring that a representation such as that in the present case be available because there are practically unlimited ways of depicting body-builders was regarded as irrelevant. In that respect, the court noted (as also previously stated by the EUIPO) that, according to settled case-law, the application of Article 7(1)(c) of the EUTMR does not depend on the existence of a real, current or serious need to leave a sign free.
The Board of Appeal was therefore correct in concluding that the sign in question is descriptive for the purpose of Article 7(1)(c) EUTMR.
All this said, the court considered unnecessary to review whether the sign at issue would be distinctive, and concluded that the body-builder silhouette could not be registered as a trade mark because of the prohibition in Article 7(1)(c) EUTMR.
Conclusion
This decision appears correct from a formal standpoint, and probably the General Court was concerned with the implications of creating a monopoly over the use of a silhouette of this kind for such types of goods and services. However, in the past there have been decisions that could have supported a different outcome. For instance, it is unclear why the silhouette of a body-builder should be descriptive of nutritional supplements, while a hand with a smile and crossed fingers should not suggest “best of luck” and describe what the concept of lottery is all about. Yet, the National Lottery ‘hand’ was successfully registered as a EU trade mark.”
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Monday, May 1, 2017
the list of devices that will not work WhatsApp future
the list of devices that will not work WhatsApp future
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The company said in a statement that it is looking to focus in the next seven years on "mobile" platforms used by the vast majority of users. Thus, with the end of the year 2016, we will stop our support for the application, "Whatsapp" on the following platforms:
BlackBerry, including BlackBerry 10
Nokia S-40 (Nokia S40)...
Nokias Symbian OS 60 (Nokia Symbian S60)
Android 2.1 and 2.2...
Windows Phone 7.1
The company pointed out that the reason for the stop support for these platforms and devices working out due to their inability to keep up with application requirements and developments.
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Saturday, April 15, 2017
Some Flops That Microsoft Would Do Well To Ditch in Windows 10
Some Flops That Microsoft Would Do Well To Ditch in Windows 10
Flashback a decade – smartphones were concept devices, desktops (which ruled the market) were business-oriented products, and Windows (XP at that point) held 90% of the market. Return to 2015, and we find that even though Microsoft leads Google by about $300 million in terms of software products sold, and boats of an impressive $90 billion of cash in hand, its share of the computer market (including both desktops and smartphones) is a mere 15%. Matters have not been helped by the poor showing of Windows Phone and lacklustre of Windows 8. From such past experience, we’ve compiled a list of features Microsoft would do well to avoid, just in case they are still a bit deluded.
Charms Menu – One of the big bloopers of Windows 8, the evanescent menu that appeared on the right edge of the screen was anything but intuitive and/or useful. In fact, its range of functions is so limited that almost all of them can be carried out using the taskbar in Desktop mode. We’d like to see Charms disposed off, and perhaps a more advanced controls menu integrated into the still Windows XP-esque taskbar.
Fragmented search functions – Try to carry out a simple Google Now type search on any Windows variant, and you’ll have to either use the URL bar in Desktop or Bing search in the Start screen. We’d like to see both features disposed off (or made even more inconspicuous) to make way for an integrated search function that looks up stuff on the internet as well as apps and files on the computer.
The Start menu – If the Windows 10 Technical Preview is anything to go by, the Start menu from Windows XP/7 is set to make a comeback. From what we can make out, the menu will integrate the list-type programs menu with the tiles from Windows 8. Whatever this synthesis be worth, we earnestly hope it supplants the Start screen that has been the newest – and most irritating – of major additions to UI design.
Mouse Gestures – Having turned the Start screen into a quagmire for mouse and keyboard users, Microsoft tried to introduce mouse gestures to make up for lack of touch on most desktops. What it failed to realize is that it is far easier to bring one’s finger to one end of the screen than to turn the mousepad threadbare running the cursor across the screen. We sincerely hope mouse gestures goes the way of trackball mice, forever.
Windows RT – A Chrome OS like offering (before Chrome OS made its mark) that would be made especially for lower end ARM processors sounded like a good idea. Problem was that this stripped-down variant provided nothing more than legacy utilities, a basic variant of Office and some file management tools. In other words, the majority of joys and sorrows of Windows 8 never came to Windows RT. Quite naturally, the sales of devices running this OS have never been noteworthy. With Windows 10 seeking to carry out seamless integration of various features across mobile and PC, Windows RT would become an anachronism.Over-commercialization of core apps – While the original Windows Media Player was submerged, Windows 8 introduced a Music app that acted as a virtual display window for Microsoft’s music and media offerings. The performance of the Music – and other over-commercialized offerings –was exceedingly mediocre, and so users were often forced to use third party alternatives or simply avoid playing music or accessing Windows games (Xbox games to be precise) on their PCs. We hope Microsoft takes a leaf out of iOS/Android’s ecosystem and banish the sales pitches to the margins.
Given the speed at which Microsoft learns from its faux pas, we wouldn’t be surprised if one or more of the above were neglected (to be deleted) , thereby reducing our enjoyment of the new buffet of features. Still, given that Microsoft’s shareholders aren’t exactly seeing sunny days on the horizon in the remainder of the 2014/15 financial year, Nadella &Co. could surprise us, in a pleasant manner for once!
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