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

Countdown to ECTA

Beitragsdatum: 
21. Juni 2016
Categories: 
Events, Intellectual Property
Tags: 
ECTA, Event, Intellectual Property

 

Although the INTA Annual Meeting has just finished, European IP professionals have another opportunity to meet, mingle and discuss the latest novelties in the field of IP. European Communities Trade Mark Association (ECTA) is organizing their annual meeting from 22 June to 25 June, 2016. The venue is the historic town of Dubrovnik, Croatia. With its colorful naval and merchant past, the organizers considered it to be symbolic to what is currently happening with the new trademark protection system, and named this year´s conference “Rogue Waves and Crosswinds: Trade Marks in Motion”. Although the program predicts a plethora of topics, they will all be emphasizing the new EU Legislative Package Trademark Reform. Although you will get a daily summary of the event, this is a short introduction to the planned discussions, workshops and events.

The EGC decides on the link between conceptual similarity and consumers’ confusion

Beitragsdatum: 
08. Juni 2016
Categories: 
European General Court, Likelihood of confusion
Tags: 
Likelihood of confusion, European Union Trademark, Conceptual similarity, General Court of the European Union

The recent case the General Court of the European Union (the EGC) had to resolve was a great example of the correlation of conceptual similarity and public confusion. What conceptual similarity entails and how (not) to defend it, this case presents a systematic lesson for everyone.

 

        

 

Background of the case

WhatsApp - Terms of Service

Beitragsdatum: 
01. Juni 2016
Categories: 
Decisions
Tags: 
Decision, Terms of Service

Welcome to Whatsapp.com! Step one, choose a preferred language for a more personalized experience. That is, unless you are looking for the Terms of Service (ToS). Although being one of the most important elements of this messenger service, they are provided in English only. The Berlin Court on 8 April 2016 rendered the ToS invalid, requesting WhatsApp to adjust to their German-speaking users.

 

Background of the case

INTA Annual Trademark Meeting 2016

Beitragsdatum: 
31. Mai 2016
Categories: 
Events, Intellectual Property
Tags: 
INTA, Event

Each year, top intellectual property professionals gather from all around the world to attend an yearly event organized by the International Trademark Association (INTA). This year, the 138th INTA Annual Meeting was held in Orlando, Florida, from 21 May to 25 May 2016. It was a proud moment for INTA, as the number of registrants surpassed the 10 000 milestone, making this the largest meeting in INTA´s history. Of course, LexDellmeier IP Law Firm attended the conference and continues to support INTA´s efforts by serving as a committee member on the Public Media Relations Committee. The Committee´s aim is to educate persons who do not deal with intellectual property on a daily basis.

Another year older…

Beitragsdatum: 
11. Mai 2016
Tags: 
Anniversary, Corporate INTL Awards

And what a year it was! On May 1, 2016 LexDellmeier IP Law firm turned seven. Founded in 2009, each year has brought exciting new challenges, cases, clients etc. leading to growth and success and a 2016 award as the Boutique IP Law Firm of the Year in Germany.

 

 

This year we decided to mark our anniversary with a new-and-improved LexDellmeier webpage at www.lexdellmeier.com. Our aim is to give you a full overview of intellectual property, whether you are an IP enthusiast or a newbie just getting interested in the subject. In particular, we have included our blog, which can now be found at http://www.lexdellmeier.com/de/blog.

 

The new Data Protection Regulation and Directive published

Beitragsdatum: 
09. Mai 2016
Categories: 
Intellectual Property Law
Tags: 
Intellectual Property Law, Data Protection

With the booming of online commerce, entering your personal information and sending it to the cloud has become inevitable. Along grew the concern of both citizens and businesses. The lack of control over given data worried many and the fragmentation of laws and complicated national systems of obtaining protection did not help. Therefore, it is no wonder that 90% of the surveyed EU citizens opted for an improved and unified EU data protection legislation.

On 4 April 2016 the European Parliament adopted the new Data Protection Regulation and Directive. The Directive entered into force on 5 May 2016, with a three-year transposition deadline, and the Regulation will enter into force on 24 May 2016, with the application date set for 25 May 2018.

A new report on the economic impact of counterfeit trade published by OECD and EUIPO

Beitragsdatum: 
03. Mai 2016
Tags: 
Counterfeiting, EUIPO, Intellectual Property, OECD

With joined efforts, the Organization for Economic Co-operation and Development (OECD) and the European Union Intellectual Property Office (EUIPO) conducted a study on counterfeiting and the impact it had on economy from 2011 to 2013. Their results were published on 18 April 2016 under the name“Trade in Counterfeit and Pirated Goods: Mapping the Economic Impact”. Although presuming the results would not be satisfactory, they have exceeded all expectations, with 2.5% of world trade including counterfeits and up to 5% of imports in the EU. This might not seem significant at first glance, but 2.5% of the world trade amounts to 461 billion USD, which is equal to the GDP of Austria. 5% of EU trade is 116 billion USD, almost the GDP of Hungary. Seeing these numbers in black and white should start the alarm in policymakers´ heads and show how much we are in need of a change in the legislation.

Madrid System celebrates a milestone anniversary

Beitragsdatum: 
29. April 2016
Categories: 
Intellectual Property Law, Trademark Law, Uncategorized
Tags: 
Intellectual Property Law, Trademark law

1891 was the year basketball was created, American Express issued first travelers´ checks and Edison patented motion picture camera. However, the most significant date for intellectual property is April 14, 1891 as it marks the date the Madrid Agreement was adopted.

Trying to escape the bite of the Crocodile

Beitragsdatum: 
27. April 2016
Categories: 
Community Trademark, European General Court, Likelihood of confusion, Uncategorized
Tags: 
Community Trademark, European General Court, Likelihood of confusion

After the European General Court’s (EGC) ruling on September 2015, the battle of the reptiles continues in front of the Court of Justice of the European Union (CJEU). As Lacoste protects their famous crocodile logo, Kajman is trying to prove the difference of their KAJMAN logo.

Background of the case

Wordmark “BIMBO” descriptive for products intended for children

Beitragsdatum: 
26. April 2016
Categories: 
Uncategorized
Tags: 
Decision, descriptive, European General Court

n its judgement of 18 March 2016, the General Court ruled that the wordmark “BIMBO” cannot be registered as a European Trademark. The Italian-speaking consumers of the Union would merely perceive the mark as indicating that the relevant products are intended for children  (Judgement T-33/15).

“BIMBO”

Background of the case