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

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The German Federal Patent Court clarified with its judgment (Judgment dated 5 August 2014; Case No.: 27 W (pat) 18/14) in the case “BOSCH” vs. “boshi” that likelihood of confusion is only given if various factors are cumulatively applicable: The similarity of the goods and services, script, sound and meaning of both trademarks and the reputation of the older trademark. Background of the Case and Subject Matter
The World Intellectual Property Organization (WIPO), a specialized agency of the United Nations headquartered in Geneva, Switzerland, has just published the Global Innovation Index (GII) Report. The report provides a wide range of indicators covering the following areas of intellectual property: patents, utility models, trademarks, industrial designs, microorganisms and plant variety protection. Trademarks
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2014 was an exciting year for our law firm: We are especially delighted that Mrs. Hannah Eckermann and Mrs. Marlene Treffler joined our team. Besides, we are lucky that we could expand and transmit our knowledge to others at numerous seminars and conferences in 2014. Also, we earned the Corporate INTL Legal Award 2014 in the Category: Boutique Intellectual Property Law Firm of the Year 2014 in Germany
Christmas is a time for tranquility, contemplation and the family. But, it is also a time of consumption: Many people receive a 13th salary or holiday bonus which they spend on presents, decoration and at Christmas markets. Approx 20% of the trades revenue is generated on and around Christmas. Therefore, companies try to “trademark” Christmas. As a result of that, competition is fierce during the holiday season. The office responsible for the registrations of trademarks in the EU, OHIM, reports numerous registered trademarks that incorporate “Christmas”.
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Brand Finance Football 50 is an annual study conducted by one of the leading brand valuation and strategy consultancies. The study determines which of the word largest football clubs have the most powerful and valuable brands. As you can see below, this year FC Bayern München maintained its No. 1 position with a brand value of 896 million US-Dollars. This year's Champions League Winner, Real Madrid, and the UK football club, Manchester United, follow on second and third position.
The European General Court (EGC) ruled that the three dimensional shape of the Rubik‘s Cube as a Community trademark is valid (Judgment dated 25 November 2014; Case No.: T450/09). Background of the Case and Subject Matter In 1974, a young Professor of Architecture in Budapest (Hungary) named Erno Rubik created the multi-colored “three-dimensional puzzles” you can see below. The so called “Rubik's Cube” can be twisted and turned around without falling apart. The aim is to make each side of the cube a single color.
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The VDMA (Verband Deutscher Maschinen- und Anlagenbau e.V.) is a German engineering association which is based in Frankfurt and has political offices in Brussels and Berlin. With over 3.100 member companies the VDMA is one of the largest industrial associations in Europe. The VDMA covers the entire engineering sector from component manufacturers, machine builders, plant erectors, system suppliers and system integrators through to service providers. It published its Product Piracy Study 2014 in its 7th edition this year. The data was collected between February 3rd and March 10th 2014 among VDMA company members. This year 337 companies from all over Europe took part at the study.
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The EGC (European General Court) decided that a wavy line is not distinctive for Vans and not registrable as a Community Trademark (Judgment dated 6 November 2014; Case No.: T-53/13). Background of the Case and Subject Matter In September 2011 the American shoe manufacturer – VANS Inc. – filed an application for Community Trademark No. 008543183 at the Office for Harmonization in the Internal Market (OHIM) for the following word/device mark for - among others - clothing:
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The Office for Harmonization in the Internal Market (OHIM) celebrated its 20th anniversary on 17 November 2014 in the new auditorium of OHIM's premises, in Alicante, Spain. On this day OHIM commemorates 20 years of the Office and also the opening of OHIM's new building. History of OHIM OHIM is the trademark and designs registry for the internal market of the European Union (EU). It was set up in 1994 in Alicante, Spain. The decentralized agency registers Community Trademarks (CTM) since 1996, and Registered Community Designs (RCD) since 2003. The CTMs and the RCDs are valid throughout each of the currently 28 member states of the EU. It has received 1.3 million CTM applications from businesses within the EU and all over the world since 1996. Thus, OHIM has developed to be the largest EU agency. Below you can see a timeline with the most important changes at OHIM since 1994: