It is with great regret that we have to announce that the Kryptronic ClickCartPro Version 7 will not be available for any customers within the European Union.
We do apologise to the customers who have been waiting for the UK/EU version of ClickCartPro 7, we have been working hard to try and make this happen. Unfortunately we have not been able to come to an agreement with Kryptronic on how to delivery UK/EU version of ClickCartPro 7.
We have spent the last six years and invested over £600,000 providing the ClickCartPro software for the UK/EU market. In that time we have built up a large customer base within the UK/EU and we were selling more licenses than the US version of ClickCartPro. In fact according to the sales of the skins we were selling up to 4 times more licenses than the US.
Your Questions Answered:
Can we purchase the US version of ClickCartPro Version 7 software from Kryptronic if we live in the European Union?
Kryptronic should not sell ClickCartPro software within European Union. This is because the trade mark ‘ClickCartPro’ (‘the mark’) is registered in the name of Greenbarn Consultants in the European Union (ie Community Trade Mark registration No 4602207). The application of the mark to software or its packaging, and the importation of software to which, or to the packaging of which, the mark has been applied would constitute infringement of our trade mark registration.
Can we purchase any services for ClickCartPro software from Kryptronic if we live in the European Union?
Kryptronic should not supply any ClickCartPro services within European Union since that would also constitute infringement of our trade mark registration.
Kryptronic have renamed ClickCartPro to EuropaCart does that mean we can purchase the software and services in the European Union?
No, Kryptronic cannot sell EuropaCart software or services within European Union. If they did it would infringe our Community Trade Mark registration No 4602207. This would fail the test for similarity of goods and services and risk of confusion. See below for some more trademark information.
Can we still purchase ClickCartPro software if we live in the European Union?
Yes, we are still selling the all new version XCS of ClickCartPro within European Union, 40 new and improved features.
What about the free support via the online forum?
We have not been able to effectively provide support via the online forum for nearly one year, so we have opened our own forum for the support within the UK/EU. I will say a thank you to Dave on the old forum for all his efforts.
For the territory covered by the trademark proprietor’s trademark rights (Germany/EU/IR states), the trademark confers to the trademark proprietor the right to prevent third parties, in the absence of his/her consent, to make use of signs that may give rise to a risk of confusion with regard to the trademark proprietor’s registered trademark and to request compensation in the event of any act of infringement.
a) Risk of confusion
The establishment of whether there is a risk of confusion existing between the trademark constituting the subject matter of the trademark application and the sign used by a third party is based on the assessment of whether the sign used is identical or similar to the trademark constituting the subject matter of the trademark application (trademark similarity) and of whether the unauthorised user exploits the trademark for identical or similar goods or services (similarity of goods and services).
b) Trademark similarity
The similarity of the mark used by a third party to the granted trademark is assessed based on whether there is a visual or aural similarity or a risk of association between the marks. Given that the trademark should be well known, the prohibitive right conferred likewise extends to identical or similar signs that are used for goods or services that are totally unrelated to those of the granted mark, when the distinctiveness or repute of the mark is taken unfair advantage of or is adversely affected as a result of any such use.
c) Similarity of goods and services
According to the European Court of Justice, similarity between the goods and services is established "when the concerned goods are so closely related to one another that the consuming public, when discerning that the same sign is featured on both types of goods, would inevitably come to the conclusion that the goods emanate from the same company." Decisive criteria for establishing the relation between the goods and services refer to the usual commercial origin, usual point of sale or delivery, properties, economic relevance and intended use or application. A patent attorney or attorney-at-law experienced in the field of trademark law should at any rate be consulted to render a professional assessment as to whether trademark infringement, especially a risk of confusion under trademark law, is constituted on the basis of which legal action may successfully be taken in defence of the registered mark.
Actions for enforcement of the trademark rights conferred to the proprietor or exclusive licence holder are warning letter, interlocutory injunction and infringement suit (enforcement of industrial property rights).