LexDellmeier supports great local charity project “SPENDIERMAß”

© Karolin Schech, LexDellmeier

2021 – the second year in the pandemic. The second year in which Oktoberfest and most other festivals in Bavaria are not taking place. For most Bavarians and worldwide “Oktoberfest lovers” this is of course a disaster. The situation is however a catastrophe for those whose income depend on these festivals and thereby support their entire families. The second corona year has paid its toll to these families and threatening their existence. Weiterlesen über LexDellmeier supports great local charity project “SPENDIERMAß”

The 187th Oktoberfest should have taken place as usual on the Theresienwiese in Munich in 2021. But also this year the Corona pandemic ensures that unfortunately nothing will come of it. At the press conference on May 3, 2021, it was explained that a unanimous decision had been taken to recommend that the major public festivals in Bavaria, including the Oktoberfest, should not take place. However, on this occasion we took a look at the developments and news about the word mark "Oktoberfest".

 

 

 

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Webinar Announcement: 15 September 2021, 10 - 11 a.m.  --  "Trademark Law advanced - Proof of genuine trademark use" (in German)

As a brand owner, the value of your business can depend significantly on one or more strong brands. On average across all industries, brand value accounts for approximately 50 % of a company's value. Maintaining and enforcing your trademark protection is therefore immensely important from a business perspective. However, both, maintainance and enforcement, depend on being able to prove, upon request, that you are using your trademark(s) in a right-preserving manner. In Webinar 7 of the LexDellmeier Webinar Series 2021 we will give you an overview with practical tips on "Trademark Law advanced - Proof of genuine trademark use". You are welcome to register for this 60-minute free webinar - which will be held in German - at Eventbrite under the following link:  https://www.eventbrite.de/e/markenrecht-advanced-markenerhalt-durch-den-...

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Webinarankündigung: 15. September 2021, 10.00 – 11.00 Uhr -  „Markenrecht advanced – Markenerhalt durch den Nachweis ernsthafter Benutzung“

Als Markeninhaber kann der Wert Ihres Unternehmens erheblich von einer oder mehreren starken Marken abhängen. Im Durchschnitt aller Branchen macht der Markenwert ungefähr 50 % des Unternehmenswertes aus. Die Aufrechterhaltung und Durchsetzung Ihres Markenschutzes ist daher aus wirtschaftlicher Sicht immens wichtig. Beides ist aber davon abhängig, dass Sie auf Aufforderung nachweisen können, dass Sie Ihre Marke(n) rechtserhaltend benutzen. Eine erste Übersicht mit Praxistipps hierzu geben wir Ihnen unter dem Thema „Markenrecht advanced“ in unserem Webinar 7 der LexDellmeier Webinarreihe 2021. Für dieses 60-minütige, kostenlose Webinar können Sie sich bei Eventbrite unter folgendem Link anmelden: https://www.eventbrite.de/e/markenrecht-advanced-markenerhalt-durch-den-...

LexDellmeier-Team on a Lama-Adventure

In August 2021 we had the chance to go on a Lama-Tour through the village Beuerberg (near Starnberger See). This was a special and extraordinary experience with lots of fun which will stay in our memories. We want to thank “Rio Lamas” who made this excursion possible. Due to the pandemic we regrettably had to delay our trip several times – but finally, it was able to take place. Besides taking a trip into the nature and getting to know the animals, we also got to know our client personally.

The European General Court (EGC) ruled for the first time on 7 July 2021 on the registration of a sound mark represented in an audio format and its requirements. The case concerned the question of whether the opening of a can with subsequent jingling is registrable as a sound mark. The EGC in essence denied registration – primarily due to lack of distinctiveness.

 

On 6 July 2021, the “Bundesverband mittelständische Wirtschaft e.V.” (Federal Association of medium-sized businesses) hosted a webinar on the topic "AI and Intellectual Property". At this Event, sponsored by ANAQUA, the speakers looked at the topic from different angles and provided very interesting insights into the latest developments in the field of Artificial Intelligence (AI) and their impact on IP processes.

LexDellmeier in the past eight months has developed and now launched "BenBot" – version 1.0 – a chatbot who assists in answering questions relating to EU trademark applications. Special features include an identical search, automatic classification of goods and services and overall costs. Find BenBot on the landing page of the website www.lexdellmeier.com.

Want to know more about BenBot. Here are some Q's and A's in a nutshell:

After almost 10 years, the dispute over the PIRELLI figurative trademark comes to an end with a ruling by the European Court of Justice (ECJ) on 3 June 2021. The European General Court (EGC) previously ruled that the sign is protectable as a trademark because it does not depict a technical effect of the protected product. This ruling has now been confirmed by the ECJ.

(EUTM No. 002319176; Owner: PIRELLI TYRE S.p.A.)

I. General aspects relating to 3D/shape marks

The 3D trademark is a figurative trademark in which the three-dimensional design or shape of a trademark is protected. This can be the packaging or shape of a product.

As with other forms of trademarks, it is particularly important that the mark must be distinctive. No prerequisite for 3D trademark protection is – contrary to design law – the novelty and uniqueness of the aesthetic design of a consumer product.  If the respective requirements are met, a product design can be protected as a design and at the same time as a three-dimensional trademark, since the respective protection fulfils different functions.

EUTM No. 011711496 owned by Fenix Outdoor AB

When hearing about the „BavariaWeed“ decision of the European General Court (Decision of 12 May 2021, T-178/20 – currently only available in German and French) for the first time, one‘s initial reaction might be to say „I thought we were over that.“ However, when you take a closer look at the reasoning and take into account that the mark had been filed with the European Union Intellectual Property Office (EUIPO), asking for trademark protection in all – back then 28 – EU Member States, it becomes obvious that it is not that easy… And, even if the EUIPO does not want to register the mark – guess what?!