New 2024 Trademark Guidelines on morality and public order in the EU

Beitragsdatum: 
24. September 2024
Categories: 
EUIPO, Trademark Law, Trademarks, Intellectual Property Law, Intellectual Property
Tags: 
#trademarks, #CP14, #EUIPN

Upon examining trademark applications, national trademark offices in the EU may refuse to register a sign that is contrary to “public policy” or “accepted principles of morality”. This somewhat lesser-known absolute ground of refusal of registration is provided for by Article 4(1)(f) of the Trade Mark Directive (EU) 2015/2436 (TMD). In an effort to further harmonise the practices of the Member States’ Intellectual Property Offices, the EU Intellectual Property Network has issued a dedicated “Common Practice” to provide more clarity on this ground of refusal to the national Intellectual Property Offices.

Weiterlesen über New 2024 Trademark Guidelines on morality and public order in the EU

A case of „Bounty“ hunting in Germany

Beitragsdatum: 
04. April 2016
Categories: 
Distinctiveness, German Federal Court, Three-dimensional trademarks, Uncategorized
Tags: 
Distinctiveness, German Federal Court, three-dimensional trademarks

On 21 October 2015, the German Federal Court of Justice (BGH) ruled that the registered 3D trademark of Mars‘ „Bounty“ chocolate bar is protected against trademark use by competitors. The Court held that if the public perceived the shape of a product as a source indicator, then it was very likely to do the same with a highly similar shape of a competitor’s product, as long as the goods were identical.

Background of the case

Counterfeited goods seized in Greece

Beitragsdatum: 
01. April 2016
Categories: 
Counterfeiting, Product Piracy, Uncategorized
Tags: 
Counterfeits, Product Piracy

Greek Police has had a productive month. With a massive destruction of seized counterfeits, they are showing the counterfeiters they are a force to be reckoned with. On March 17, 2016 Hellenic Police conducted a huge raid and seizure of counterfeit goods. The Police reported appropriation of around 19 000 items, 11.517 of which were blouses, 2.918 pairs of sports shoes, 1.845 purses and bags, 1.444 pieces of underwear, and the rest was divided between pants, shirts and caps.

EUIPO - New Office Name and Regulations in force as of 23 March 2016

Beitragsdatum: 
23. März 2016
Categories: 
Uncategorized

As of 23 March, the Office's name has changed to the European Union Intellectual Property Office (EUIPO).

The name of the unitary trade mark administered by the Office has changed to the European Union trade mark.

These changes took effect upon the entry into force of Regulation (EU) 2015/2424.

Adidas officially earning its stripes

Beitragsdatum: 
11. März 2016
Categories: 
Brand, Community Trademark, Intellectual Property, Trademarks
Tags: 
Brands, Community Trademark, European Court of Justice, European General Court, Trademarks

With the CJEU´s ruling on 17 February 2016, a lengthy saga concerning Adidas might have come to an end. After contesting everything from two to five stripes, creating and using an abundance of case law, logging a fair share of hours in the courtroom, it might have all- at least in the EU- come down to one thing: acquired distinctiveness.

EGC´s "HOT SOX" decision doesn´t knock anyone´s socks off

Beitragsdatum: 
09. März 2016
Categories: 
Uncategorized
Tags: 
Community Trademark, Decision, descriptive, Distinctiveness, European General Court, Trademarks

On 26 February 2016, the European General Court (EGC) upheld OHIM´s decision dated 13 May 2014 and ruled in favor of Renfro Corp., deciding that the name “HOT SOX” for hosiery is not descriptive and does not lack distinctiveness.

In Switzerland, Apple’s iPhone home button is considered not distinctive, but purely decorative.

Beitragsdatum: 
08. März 2016
Categories: 
Decisions, Distinctiveness
Tags: 
Distinctiveness, figurative marks, Trademarks

The Federal Administrative Court in Switzerland recently ruled that Apple’s home button cannot be registered as a trademark as it lacks distinctive character. The Court did not find it evident that the mark had acquired distinctiveness. (Judgement B-2418_2014 of 17 February 2016).

Summary of Changes in EU Trademark Law as from 23 March 2016

Beitragsdatum: 
01. März 2016
Categories: 
Uncategorized
Tags: 
EUIPO, New EU Trademark Law, European Union Trademark

As you might already be aware, the European trademark law and practice has been subject to some changes in recent months which may also affect your registered Community Trademark(s) or your International Registration(s) designating the EU. We would, therefore, like to provide our clients with a brief overview of the most important changes and point out where it might be appropriate to take action. The information contained in this letter is of general nature, but we are, of course, always available in case of questions and for further explanations. Should we, in addition, see any need for you to take specific actions regarding your own trademarks, we will contact you individually during the next weeks and inform you accordingly.

 

EGC: The shape of the crest of the FC Barcelona is not distinctive

Beitragsdatum: 
29. Februar 2016

The European General Court (EGC) decided that the sole shape of the crest of the FC Barcelona has no distinctive character neither itself or through use (Judgment dated 10 December 2015; Case No.: T-615/14).

Background of the Case and Subject Matter  

On 24 April 2013, Fútbol Club Barcelona (FC Barcelona) filed an application for registration of a Community Trademark (CTM) at the Office for Harmonization in the Internal Market (OHIM). The figurative mark in respect of which registration was sought is the shape of the crest of the FC Barcelona (see below) for – among others – stationery, clothing items and sports activities.

EGC: The shape of the new Coca-Cola bottle cannot be protected as a trademark

Beitragsdatum: 
24. Februar 2016
Categories: 
Brand
Tags: 
Coca Cola, Coca-Cola Bottle, three-dimensional trademarks, Trademarks
The European General Court (EGC) ruled that the shape of the new Coca-Cola bottle cannot be protected as a three-dimensional trademark because it is devoid of any distinctive character (Case T-411/14, Judgement of 24 February 2016). Background of the Case and Subject Matter In December 2011, the famous Coca-Cola Company Ltd filed an application for registration of a Community Trademark (CTM) at the Office for Harmonization in the Internal Market (OHIM) for the following three-dimensional mark for - inter alia – metallic, glass and plastic bottles:

BGH: Work title protection for smartphone apps

Beitragsdatum: 
24. Februar 2016
Categories: 
Decisions
Tags: 
Apps, BGH, IP work title protection, Work titles
The German Federal Court of Justice (BGH) ruled that smartphone apps can – in principal – be protected as work titles (Case I ZR 202/14, Judgement of 28 January 2016). Background of the Case and Subject Matter