We wish all of our clients, associates and friends around the world Happy Holidays and best wishes for the New Year 2026 - especially, health, happiness and success!

 

  Weiterlesen über LexDellmeier wishes HAPPY HOLIDAYS

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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?!

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Terms and Conditions of the Use of the Chatbot “BenBot” - Status: 15 May 2021

Preamble

These Terms and Conditions of the use of the Chatbot “BenBot” (hereinafter: the Chatbot Terms and Conditions) apply to all services offered via the mobile app “BenBot” by LexDellmeier Intellectual Property Law Firm, Nymphenburger Str. 23, 80335 Munich, Germany, Tel: 089 - 55 87 987 0 - Central Email:

On April 21, 2021, the European Commission published a draft bill on dealing with Artificial Intelligence (AI). This is intended to set a global standard for the use of these technologies as the world's first legal framework for AI. If not implemented properly, the EU could be put at an international disadvantage and innovation by SMEs and start-ups could be hampered, or the use of AI could threaten fundamental rights.

Source: Shutterstock; 1204602874

Recently, in April 2021, the Intellectual Property Offices of the EU Intellectual Property Network (EUIPN) published a new Common Practice (CP11). It aims at providing guidance regarding the examination of formal requirements and grounds for refusal and/or invalidity of new types of trademarks like sound, motion, multimedia and hologram marks. By publishing this new Common Practice, it is hoped to increase transparency, predictability and legal certainty for both, examiners and users alike.

(For further information on the network see: https://www.tmdn.org/)