Peanuts… Yummy! But what if the product designation does not just say „PEANUTS“, but „PEANUT EXTASY“? My first thought as a consumer would still be „Yummy“ expecting that the product contains a high percentage of peanuts and that it, therefore, tastes very „peanutty“ and that it can take you to a state of ecstasy when eating it. The European Union Intellectual Property Office (EUIPO) saw this differently and rejected an EU trademark application for the term „PEANUT EXTASY“.

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<p>Automatisch generierte Beschreibung Weiterlesen über YUMMY OR DANGEROUS? PEANUT EXTASY

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When you go out to eat and you choose a drink with your meal, would go for mineral water, wine or beer? The answer, of course, depends on your individual preferences and habits. However, when it comes to trademarks, the question might become of interest when the degree of similarity between mineral water, wine and beer has to be assessed and decided in infringement, opposition or invalidity proceedings. The decisions of the different trademark offices and courts are not always consistent and often unpredictable. At least regarding the degree of similarity between “beers” and other beverages, you may now find some guidance by the European Union Intellectual Property Office (EUIPO).

 

Imagine you are the owner of a registered trademark and you have invested significant amounts of money into establishing your trademark and related product(s) in the market. Would it not be very annoying to see third parties offering replacement parts or accessories for your product(s) using your registered mark? It definitely is so for the Philips Group, one of the world's leading developers and manufacturers of electric shavers. Read here what the Higher Regional Court of Frankfurt recently decided in this case (OLG Frankfurt, 6 W 28/22, Decision of 3 May 2022).

 

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Following a request for a preliminary ruling by the German Federal Court of Justice (BGH) on January 30, 2020 the European Court of Justice (ECJ) ruled on when unregistered designs of individual parts enter into force in the event of disclosure of the overall product.Following a request for a preliminary ruling by the German Federal Court of Justice (BGH) on January 30, 2020 the European Court of Justice (ECJ) ruled on when unregistered designs of individual parts enter into force in the event of disclosure of the overall product.

In the digital world of social media platforms – you come across NFTs everywhere. It has even become Collins English Dictionary´s word of the year in 2021. But do you actually know what those three letters truly stand for?

The owners of the PLUMAflex by Road trademark, Jose A. Alfonso, lost the case before the European Intellectual Property Office (EUIPO) for the registration of their trademark. The multinational company PUMA took action against them and was able to prevail thanks to its widespread recognition in the European area. The General Court confirms the EUIPOs decision, in which it finds similarity between the figurative mark “PLUMAFLEX by ROAD” and the earlier mark “PUMA” for identical goods.

 

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The question, whether two stripes on the side of a shoe have a distinctive character or can lead to the invalidity of a trademark was subjected in the case of 4 May 2022. But how did the European General Court (EGC) decide the case and based on which criteria?

Deutsches Patent- und Markenamt (Link zur Startseite) Historic picture of main entrance of the Imperial Patent Office

Source: GPTO Website – picture of logo of the GPTO and the Imperial Patent Office

As you may know, the headquarter of the German Patent and Trademark Office (GPTO) is located in Munich, Germany. However, this has only been the case since 1949. The history of the GPTO already began in 1877 in Berlin.

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Every year on the 26 April, we celebrate the World Intellectual Property Day to draw attention to the important role of intellectual property rights (IP). This year, the official theme is “IP and Youth: Innovating for a Better Future” and aims to honor the innovations and creativity led precisely by young people!

Source: WIPO - official picture of this year´s theme 

In a recent case, the European General Court (EGC) had to deal with the invalidity of a lamp design and to assess whether it had individual character. It was also particularly interesting that the older design had already been declared invalid.

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EU Design No. 2503680-0001