Genuine Use of a Trademark – Always relevant, always worth a Reminder

Beitragsdatum: 
15. März 2024
Categories: 
Trademarks, European General Court, Decisions

In our series of blog articles, genuine use of a trademark has already been an issue. But since the topic is very important and can even lead to loss of trademark rights, awareness raising cannot be rated high enough. We therefore chose the “LUTAMAX” decision of the General Court of the European Union (Joined Cases T-221/22 and T-242/22) to bring the topic to your attention once again.

(Source: Shutterstock Vector ID: 2148722679) Weiterlesen über Genuine Use of a Trademark – Always relevant, always worth a Reminder

INTA / DPMA Roundtable for Paralgeals on 28 January 2015

Beitragsdatum: 
15. Dezember 2015
Categories: 
Events
Tags: 
INTA, Intellectual Property, IP Paralegal Roundtable, Roundtable

  The mini seminar will be held in German. Paralegals have vastly different responsibilities around the globe. Join us for a discussion on
  • an update from the German Patent and Trademark Office (DPMA) as well as
  • the role and challenges of a paralegal working outside your country at another office and how to use this to enhance your career
  • the challenges and views on running a trademark portfolio in-house
  • what you need to know about preliminary injunction proceedings (PI’s) in trademark cases in Germany

EGC: Likelihood of confusion between figurative mark ‘cushe’ and earlier ‘she’ marks

Beitragsdatum: 
02. Dezember 2015
Categories: 
Decisions
Tags: 
European General Court, Likelihood of confusion, Trademarks
The General Court (EGC) held that as the marks were phonetically identical and visually and conceptually similar they should be regarded as similar overall. Followed from this it was held that the mark at issue could be perceived by the relevant public as originating from the same undertaking or undertakings economically linked to the earlier word mark.

EGC: ELITEDISPLAY and ELITEPAD descriptive for the goods designated in the applications

Beitragsdatum: 
27. November 2015
Categories: 
Community Trademark
Tags: 
Community Trademark, Decision, Distinctiveness, European General Court
The General Court (EGC) dismissed HP’s appeals in both cases and confirmed that the Community Trademarks (CTM) ELITEDISPLAY and ELITEPAD are descriptive for the goods in respect of which registrations were sought (Judgments dated 22 October 2015; Cases T-470/14 and T‑

Fight against counterfeiting – new platform to facilitate the identification of counterfeit goods

Beitragsdatum: 
25. November 2015
Categories: 
Counterfeiting
Tags: 
Counterfeiting, Counterfeits, Customs, Product Piracy
The World Customs Organization (WCO) was established in 1952 as the Customs Co-operation Council (CCC). It is an independent intergovernmental body with a mission to enhance the effectiveness and efficiency of customs administrations. It is the only international organization with competence in customs matters.

Brand Reputation

Beitragsdatum: 
20. November 2015
Categories: 
Uncategorized

EGC: “CHOICE” cannot be registered as a Trademark

Beitragsdatum: 
18. November 2015
Categories: 
Uncategorized

EGC: H&M’s design handbag battle against YSL

Beitragsdatum: 
13. November 2015
Categories: 
Design Law
Tags: 
Community Designs, Declaration of invalidity, Designs, European General Court
The General Court (EGC) upheld the decision by the Board of Appeal (BoA) regarding the invalidity proceedings in respect of the Yves Saint Laurent SAS (YSL) registered Community designs (RCD) 000613294-0001 and 000613294-0002. The EGC held that the contested designs had individual character with respect to the H&M’s prior design and therefore rejected the applications for a declaration of invalidity. (Cases T-525/13 and T-526/13, Judgment of 10 September 2015) Background of the case and subject matter

WIPO: Single application form for all Madrid System applications

Beitragsdatum: 
12. November 2015
Categories: 
Procedural rules
Tags: 
Madrid System, Registration, WIPO
From 31 October 2015 the Madrid System operates as a single treaty system and the Protocol governs all the designations in the International Register.  All new international applications shall be filed using the MM2 International Application form. On 31 October 2015, the Madrid Protocol entered into force in Algeria, which was the last remaining Contracting Party of the Madrid Union to be a member of the Madrid Agreement only. Following the entry into force of the Madrid Protocol in Algeria, the Protocol will apply in the relationships between all the Contracting Parties of the Madrid Union.  Therefore, all Madrid System users will benefit from the flexibilities and features of the Protocol. Key features of the Protocol now available to all users:
  • Filing of international applications based on national/regional applications or registrations, via a single form (MM2)

Interbrand: Best 100 Global Brands 2015

Beitragsdatum: 
11. November 2015
Categories: 
Brand Value
Tags: 
Best Global Brands, Best Global Brands 2015, Brand Value, Interbrand, Studies
Interbrand was founded by John Murphy in 1974 as one of the first brand consultancy companies. Meanwhile, it has approximately 31 offices in 27 countries and is one of the largest and oldest brand consultancy companies around the world. Every year, Interbrand conducts and publishes various studies relating to brands, their value and the impact on companies and consumers. Interbrand’s 16th annual Best Global Brands Report was released on 5 October 2015.

EU: Possible extension of GI protection to non-agricultural products

Beitragsdatum: 
10. November 2015
Categories: 
Geographical Indications
Tags: 
European Commission, European Parliament, Geographical Indications, IP
On 6 October 2015 the European Parliament (EP) adopted a resolution on the possible extension of geographical indication (GI) protection of the European Union (EU) to non-agricultural products. The resolution follows a stakeholder consultation concluded in October 2014 which favored an EU system of protection based on geographical indications for non-agricultural products. The Commission is called to propose without delay a legislative proposal for a single European system of GI protection for non-agricultural products.