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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. Slogans 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
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Currently, all eyes are on the World Cup in Brazil. Of course, a lot of people would like to participate in the big success of the soccer game between the different nations. But, to advertise and promote with the World Cup without a license can be a legal disaster and very expensive. Fact is that FIFA has protected a lot of logos, words, titles, symbols and other trademarks in relation to the 2014 FIFA World Cup which it will use, or allow others to use, under a formal agreement. (one of the protected trademarks: German trademark register number: 011529311 ).

World Cup

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
ConvergenceOn the basis of the convergence program the Office for Harmonization in the Internal Market (OHIM) is trying to align the official practice of the national trademark offices in Europe. The aim of the program is to provide transparency, legal certainty, and predictability for the benefit of examiners and users.   Background The reason for this project are the different procedures of the offices’ handling practice in relation to black/white trademarks, which has led to confusion. While some of the offices rule that black/white trademarks are protected in every color, others assume, that the protection is only for the black/white trademarks. Results of the Project
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
The Industry-Level Analysis Report of the European Patent Office (EPO) and the Office of Harmonization in the Internal Market (OHIM) was presented by the European Observatory on Counterfeiting and Piracy in September 2013. The study shows how the intellectual property intensive industry influences the European economy. The Intellectual Property Intensive Industry

The European Patent Office (EPO) carries out a survey every year. The study helps estimate the number of patent filings in the next three years. This information of the probable filing developments helps the EPO to forecast the budget and manpower. It also helps to foresee economic trends.

Introduction

For the survey, applicants from the 400 largest EPO clients and a group of approx. 2 800 from the general population were contacted and with a random sampling method, that preferentially selected larger applicants was applied.

New Survey 2014

The World Intellectual Property Organization (WIPO) is organizing a workshop for Mediators about Intellectual Property Disputes. The workshop will take place on May 22/23,  2014 in Geneva in Switzerland. Introduction into Mediation
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