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) Read more about Genuine Use of a Trademark – Always relevant, always worth a Reminder

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The EGC (European General Court) decided that a yellow curved line cannot be registered as a position mark as it as it lacks distinctiveness (Decision T-331/12 dated 26 February 2014). Introduction In order to decide if a mark lacks the necessary distinctiveness or not, various aspects need to be taken into account. First of all, the court has to analyze the specific goods and services of the applied for trademark, and furthermore it has to determine if intended brand is capable to enable the average consumers to identify the product’s origin. Background of the Case and Subject Matter
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OHIM’s Second Board of Appeal decided on 29 January 2014 that Parobook is to be registered because no liklihood of confusion to Facebook is given (Case R 254/2013-2). Introduction In order to assess whether marks are confusingly similar or not, various factors need to be taken into account. On the one hand side, the specific goods and services of the applied for mark and the earlier sign need to be evaluated. On the other hand, OHIM has to compare the script, sound and meaning of the two trademarks and also take the distinctiveness and reputation of the earlier sign into account. Background of the Case and Subject Matter
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The WIPO 2013 Report was published recently and reveals new statistics and information about the great influence and importance of brands in our society, in the global economy and with resepct to innovation infrastructure.

                                                                                                                                                                                 WIPO

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The Brand Finance Banking 500 was published in the February 2014 edition of ‘The Banker’ magazine. The largest banks of the world are ranked by the value of their trademarks. The annual study reflects the industry trends and indicates future developments. Introduction
UNDOC_Counterfeit_Intro_Pic_grey A global campaign by the United Nations Office on Drugs and Crime (UNODC) was launched on 14 January 2014 in order to raise awareness among consumers of the $250 billion a year illicit trafficking of counterfeit goods. The

"COUNTERFEIT - DON'T BUY INTO ORGANIZED CRIME" CAMPAIGN 

On 16 January 2014 the European General Court (EGC) decided that a button in the middle of the ear of a toy teddy bear (a so-called “position mark”) cannot be registered as a Community Trademark as it lacks distinctiveness (Decision T‑434/12 of 16.01.14). Introduction In order to assess  whether a mark possesses the necessary  distinctiveness or not, various factors need to be taken into account. On the one hand side, the court has to review the specific goods and services of the applied for trademark,  and, on the other hand, it has to determine if intended brand is capable to enable the average consumer to recognize the source of origin.
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INTA in cooperation with the Munich Bar Association (Rechtsanwaltskammer München) will hold Munich’s 2nd Roundtable designed specifically for Paralegals and Trademark Administrators under the title: RAK_Muenchen_logo_blogINTA_Logo

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DATE: Thursday, March 13, 2014

TIME: 2:00 pm – 6:00 pm

Today, on 17 October 2013, the 40th anniversary of the signature of the European Patent Convention (EPC) in Munich, Germany, is being celebrated. The festivities are taking place at the Headquarters of the European Patent Office (EPO), the German Technological Museum ("Deutsches Museum") and the Munich Residenz, where the celebration ends after a concert given by the Patent Orchestra Munich. Please find the full program of the 40th anniversary, including the winners of the EPO Innovation Contest here:
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ICANN will launch more than 1,000 new Top Level Domains (TLDs). Starting in early 2014, new TLDs like .shop, .web or .hotel will have a huge impact on how we find and distribute information online. From a trademark perspective the question is: How can I protect my brand? What do I need to know before the launch of the new TLDs? What can I do? What mechanisms exist? All these legal, technical and strategic questions will be discussed in-depth at the upcoming newdomains.org Munich Conference on new TLDs from 26 - 28 October 2013.