The owners of the PLUMAflex by Road trademark, Jose A. Alfonso, lost the case before the European Intellectual Property Office (EUIPO) for the registration of their trademark. The multinational company PUMA took action against them and was able to prevail thanks to its widespread recognition in the European area. The General Court confirms the EUIPOs decision, in which it finds similarity between the figurative mark “PLUMAFLEX by ROAD” and the earlier mark “PUMA” for identical goods.
The question, whether two stripes on the side of a shoe have a distinctive character or can lead to the invalidity of a trademark was subjected in the case of 4 May 2022. But how did the European General Court (EGC) decide the case and based on which criteria?
Every year on the 26 April, we celebrate the World Intellectual Property Day to draw attention to the important role of intellectual property rights (IP). This year, the official theme is “IP and Youth: Innovating for a Better Future” and aims to honor the innovations and creativity led precisely by young people!
In a recent case, the European General Court (EGC) had to deal with the invalidity of a lamp design and to assess whether it had individual character.It was also particularly interesting that the older design had already been declared invalid.