The European General Court (EGC) decided that “JUNGBORN” cannot be registered because there is likelihood of confusion to the older German trademark “BORN” (Case T-401/12, July 11, 2014). Introduction Likelihood of confusion is assessed on the basis of if there is a high risk that the targeted consumers must assume that the relevant goods and services derive from the same or connected companies. Therefore, various factors need to be taken into account. On the one hand side, the specific goods and services of the applied for mark and the earlier sign need to be evaluated. On the other hand, the script, sound and meaning of the two trademarks have to be compared. Background of the Case and Subject Matter Weiterlesen über JUNGBORN vs. BORN – Trademark Dispute for Gourmet Foods

The question if and which slogans and claims can receive trademark protection is topic of a lot of disputes in Germany and throughout the European Union. Introduction The protection of slogans is very interesting for brand owners, because slogans are a key element in advertising. The consumers identify themselves with the slogans or associate a slogan with certain products and services. Therefore, slogans are eye catchers and indirectly help to encourage people to choose certain goods or services over others. In principle, slogans can be protected as trademarks. However, many applications fail if they are purely descriptive or lack distinctiveness. Examples Weiterlesen über Trademark Protection for Slogans and Claims

The WIPO Global Brand Database offers a new search feature. The new function makes it possible to upload an image and search for visual similarities to other images. Global Brand Database The Global Brand Database contains about 11820000 documents with information about internationally protected trademarks, appellations of origin and armorial bearings, flags and other state emblems as well as the names, abbreviations and emblems of intergovernmental organizations. The Global Brand Database also permits without charge, synchronized, brand-related searches across multiple jurisdictions. Different search features make it easier to find the results you are looking for. Image Search Function Weiterlesen über Image Trademark Search Function

The German Federal Patent Court (BPatG) decided on 8 April 2014, that the word/design mark “München – in Bayern” cannot be registered because there is likelihood of confusion to the older word/design mark “FC Bayern – München”. Also the application was filed in bad faith (Case 27 W (pat) 546/13). Introduction Likelihood of confusion must be assessed on the basis of if there is a high risk that the targeted consumers assume that the relevant goods and services derive from the same or connected companies. Also, an application is filed in bad faith, if the applicant knows and deliberately wants that his trademark is confused with another, older trademark. Background of the Case and Subject Matter Weiterlesen über FC Bayern München wins Trademark Case against Sky Deutschland