Upon examining trademark applications, national trademark offices in the EU may refuse to register a sign that is contrary to “public policy” or “accepted principles of morality”. This somewhat lesser-known absolute ground of refusal of registration is provided for by Article 4(1)(f) of the Trade Mark Directive (EU) 2015/2436 (TMD). In an effort to further harmonise the practices of the Member States’ Intellectual Property Offices, the EU Intellectual Property Network has issued a dedicated “Common Practice” to provide more clarity on this ground of refusal to the national Intellectual Property Offices.

All these small Gimmicks – Trademark Infringement?

Vacation time. Travelling time. Hamburg. Miniatur Wunderland - the world´s largest model railway. An amazing place to spend a whole day, discovering all the small gimmicks that the Wunderland crew has built and is still continuing to expand. Looking at all the trademarks used, one might wonder if this could be considered trademark infringement. Earlier this year, the German Federal Supreme Court (BGH) had to decide about a similar question and we would like to share the decision.

(Source:  BGH, I ZR 86/22, Decision of 12 January 2023)

Be honest - Have you ever bought counterfeit goods or illegally consumed digital content?

On 12 June 2023, the European Union Intellectual Property Office (EUIPO) published an interesting article on counterfeits and illegal electronic content. As an IP boutique specializing in non-technical intellectual property rights, we come across counterfeits all the time and we found the study very interesting and would like to share some of its main findings with you.

(Source: Shutterstock; 502909426)

Alexandra Dellmeier of LexDellmeier - Intellectual Property Law Firm Intellectual Property Office talks about her career in IP and running her own firm. In April 2023, Managing IP launched Women Founders list, a publication dedicated to highlighting the intellectual property firms that were founded or co-founded by women. The full interview in Managing IP can be found at: https://lnkd.in/eAkzqJkW and is also copied into the LexDellmeier Blog below.

The EU set its priorities for the next four years of combating severe and organized crime in May 2021. Within the framework of the European Multidisciplinary Platform Against Criminal Threats (“EMPACT”), a strategy plan has been developed and will be put into action between 2022 and 2025.

Rims and wheels have been under discussion regarding design protection for many years.

The significance of comprehending the scope of protection given to marks with a reputation in EU law was brought up again in a recent case. The trademark at issue in this case is unquestionably one of the most well-known brands in the world: GOOGLE.

Millions of spectators from various countries participate in the tournaments organized around the world every year. In this context, marketing, advertising, and branding sports events have gained great importance. Sport teams and sports personalities are looked at as big business opportunities. Intellectual property is also becoming increasingly important in this growing industry.

The European Law Students’ Association (ELSA) is an international organization that brings together law students and young lawyers from many countries throughout Europe, helps them expand their knowledge of different legal systems, and promotes mutual understanding, exchange of information, and personal contacts between young lawyers and law firms.