Understanding Trademark Law Through the Lens of Halloween: A Spooky Guide

Beitragsdatum: 
30. Oktober 2024
Categories: 
Brand, European Union Trademark, Trademark Law, Trademarks, IP Rights, Intellectual Property Law
Tags: 
#halloween

Understanding Trademark Law Through the Lens of Halloween: A Spooky Guide

Halloween, with its pumpkins, costumes, and haunted houses, is one of the most exciting and creative times of the year. But behind the spooky masks and candy bowls lies a complex world of Intellectual Property Law, especially trademarks, which many businesses need to navigate carefully during the season.

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CJEU: Preliminary ruling on questions relating to protectability of the Kit Kat shape

Beitragsdatum: 
27. Oktober 2015
Categories: 
Decisions
Tags: 
3-D-Mark, Case Law, England
The Court of Justice of the European Union (CJEU) has given a preliminary ruling on questions relating to Nestlé’s three-dimensional trademark application representing the shape of a four finger chocolate-coated wafer without the embossed words Kit Kat.

Job opening - Attorney at Law at LexDellmeier IP Law Firm

Beitragsdatum: 
25. Oktober 2015
Categories: 
Uncategorized
LexDellmeier IP Law Firm is looking for a German qualified Attorney at Law (Rechtsanwalt/Rechtsanwältin) as of 1 March 2016 or earlier. For more information please see our ad in German under: https://lexdellmeier.wordpress.com/jobs/

ELSA Trainee at LexDellmeier IP Law Firm

Beitragsdatum: 
23. Oktober 2015
Categories: 
Uncategorized
Tags: 
ELSA, Finnland, Trainee, Traineeship
This year LexDellmeier has accepted two interns through the European Law Student’s Association (ELSA) Student Trainee Exchange Programme. It is my pleasure to be working with the LexDellmeier team from late-October until Christmas. My name is Nina Seitz and I come from Helsinki, Finland. I am currently in my fourth year of law school in the University of Helsinki. Before my studies in law I have completed a Bachelor’s Degree in Economics. I started working in the field of Intellectual Property already during my studies in economics. After a few years of working as a trademark and design assistant I decided to pursue a career in the legal field. During my law studies I have continued working for an IP law firm in Helsinki, mainly focusing on trademark and design matters.

EGC: Foldable box of a labour game protectable as a trademark

Beitragsdatum: 
14. Oktober 2015
Categories: 
Brand
Tags: 
3-D-Mark, Brands, Community Trademark, European General Court
The European General Court (EGC) rejected the application for registration as a Community Trademark (CTM) of a three-dimensional sign of the shape of a rectangular games box consisting of a system of sliding racks for assembly and disassembly, for games and toys, because it is devoid of any distinctive character (Case T‑547/13, Judgement of 8 October 2015). Background of the case and subject matter On 11 September 2012, the company Rosian Express SRL filed an application for registration for the following three-dimensional CTM Application (No.: 532940) at the Office for Harmonization in the Internal Market (OHIM) for, inter alia, games and toys:

WIPO: Global Innovation Index 2015

Beitragsdatum: 
09. Oktober 2015
Categories: 
Global Innovation Index
Tags: 
Global Innovation Index, Innovation, INSEAD, WIPO
The 8th edition of the Global Innovation Index (GII) 2015: “Effective Innovation Policies for Development” is the result of a collaboration between Cornell University, the international business school INSEAD, and the World Intellectual Property Organization (WIPO) as co-publishers and their knowledge partners. The report ranks 141 countries and economies around the world on the basis of 79 indicators to show new ways that emerging - economy policymakers can boost innovation and spur growth by building on local strengths and ensuring the development of a sound national innovation environment.Top 10 leader 1. Top 10 leaders The “Top 10” leaders allocated in the GII this year are:

Update of the OHIM Guidelines

Beitragsdatum: 
08. Oktober 2015
Categories: 
Community Trademark
Tags: 
Board of Appeal, Community Trademark, European General Court, Knowledge Circles, OHIM, OHIM Guidelines
On 1 August 2015, the second part of OHIM's (Office of Harmonization in the Internal Market) updated Guidelines entered into force. Since 2013, the Knowledge Circles of OHIM which involves staff from different departments and the Boards of Appeal (BoAs), started uniting the Manuals of trademarks and design practices and “official” Guidelines into a single set of published Guidelines. These Guidelines reflect the practice of the office in the most frequent scenarios. Therefore, they are the main point of reference for users of the Community Trademark system. But, the Guidelines are not legislative texts and therefore they are not binding.

Haribo vs. Lindt – Lindt’s golden chocolate bear does not infringe Haribo’s trade mark rights

Beitragsdatum: 
07. Oktober 2015
Categories: 
Decisions
Tags: 
Brands, Decision, German Federal Court, German Trademarks, Intellectual Property Law, three-dimensional trademarks
The German Federal Court of Justice (BGH) ruled that one must be strict when comparing a word mark with a three-dimensional mark in order to prevent right owners from monopolizing product shapes by obtaining word mark protection. The BGH concludes that Lindt and Sprüngli AG is not infringing Haribo’s trade mark rights when selling a seated golden chocolate teddy bear with a red ribbon. (Case I ZR 105/14, Judgement of 23 September 2015) Press here to read our earlier blog post about the decision from the Higher Regional Court of Cologne.

New procedural rules adopted by the European General Court

Beitragsdatum: 
07. Oktober 2015
Categories: 
European General Court
Tags: 
European General Court, Procedural rules
On 1 July 2015, the European General Court (EGC) adopted new Rules of Procedure which replace the Rules of Procedure of 1991.
The new Rules of Procedure have been adapted to the reality of proceedings currently brought before the General Court. It is now a clear distinction between the three main types of action;

Pilot program of the US Patent and Trademark Office (USPTO) allows amendments to the identifications of goods and services in trade mark registrations due to technology evolution

Beitragsdatum: 
25. September 2015
Categories: 
Intellectual Property
Tags: 
Intellectual Property, Trademark law, Trademarks, USPTO
 

HOT - Registration of laudatory signs as trade marks

Beitragsdatum: 
23. September 2015
Categories: 
Decisions
Tags: 
Decision, Distinctiveness, European General Court, Intellectual Property, Trademarks
The European General Court (EGC) rules that a word with laudatory connotations may be registered as a trade mark if it does not specifically describe the goods and services and not all of its meanings are exclusively laudatory. (Judgement: T-611/13 of 15 July 2015)
Background of the Case and Subject Matter