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

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?!

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/)

Am 28. April 2021 hat die Kanzlei LexDellmeier ihr Webinar 4 zum Thema "Markenrecht 1x1" gehalten. Während des ca. 60-minütigen Webinars haben Rechtsanwältin Alexandra Dellmeier, Rechtsanwältin F. Andrea Breier und Rechtsanwältin Karolin Schech eine Einführung in IP Recht gegeben.

On April 26, we celebrate the World Intellectual Property Day (WIPD), as we do every year. The focus will lie on the crucial role that intellectual property plays in encouraging creativity and innovation. For this year's motto "IP & SMEs: Taking your ideas to market", LexDellmeier is launching the monthly "Start-up and Founders' Hour".

On 17 March 2021, at 18:00 – 19.30 (CET), LexDellmeier - in cooperation with Reich IP - hosted its Webinar 3 of the 2021 webinar series with the topic: “IP for Start-Ups: IP rights, computer-implemented inventions & artificial intelligence”! During the approx. 90 minutes webinar, Attorney at Law / Certified IP Attorney (Germany) Alexandra Dellmeier and Patent Attorney Dr. Jochen Reich provided participants on information Start-ups need to know, such as introduction to IP rights including trademarks, designs copyrights, computer-implemented inventions and artificial intelligence.