Lena Ertle is the latest addition to the LexDellmeier team. She is completing her legal clerkship at the Higher Regional Court of Munich and will support the team at LexDellmeier during 2021 as a legal trainee. Even though Covid-19 is still continuing to challenge everyone, we believe it is really important to help, support and train young professionals. In the past almost 12 years at LexDellmeier we have trained in total 25 Erasmus, ELSA and other law students from Germany, EU member states and other countries around the world. LexDellmeier usually engages two (2) interns and trainees per year. Let Lena Ertle introduce herself, her tasks as a legal trainee at LexDellmeier, her goals and her interest in intellectual property.

Weiterlesen über New at LexDellmeier - May we introduce to you: Lena Ertle

Eu Design 1

The Registration of a Community Design offers the option of obtaining a design right that is in force throughout the whole European Union (EU). Outlined below please find some important basics you should know.

1.Geographical Overview

A Community Design is a unitary right that covers all 28 Member States of the EU: Austria, Benelux (Belgium, the Netherlands and Luxembourg), Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Malta, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.

2.Basics

100 BildThe Power 100 is an annual research study produced by one of the world's leading independent brand valuation and strategy consultancy. The study monitors the power of the world's leading spirits and wine brands since nine years. Just recently the results of the study for the year 2014 were published.  

Introduction

From nearly 10,000 brands in the spirits and wine sectors the study determines the 100 most powerful spirits and wine brands in the world. The value of a brand is determined by a series of factors. A distinction is made between hard and soft measures.

 

Hard factors

 

-          Share of market: volume based measure of market share

The European General Court (EGC) decided that the trademark “GLAMOUR” cannot be registered as Community Trademark because there is likelihood of confusion to the older trademark “TUDOR GLAMOUR” (Case T-1/13 dated July 4, 2014).

Introduction

Likelihood of confusion is based on the risk that the average consumers could 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

The Court of Justice of the European Union (CJEU) has ruld that the layout of an Apple Store in general may be eligible to be registered as a trademark (Case C-421/13 dated 10 July 2014).

Background of the Case and Subject Matter

In 2010, Apple obtained from the United States Patent and Trademark Office (USPTO) the registration of a three-dimensional trademark consisting of the representation, by a design in color, of its so called “flagship stores” (see below) for retail store services featuring computers, computer software, computer peripherals, mobile phones, consumer electronics and related accessories and demonstrations of products relating thereto.

AAAAaaaaThe World Customs Organization (WCO) published the Illicit Report 2013.It includes six chapters, each dedicated to one thematic area: Drugs, Revenue, Intellectual Property Rights, Environment, Security and the Customs Enforcement Network (CEN).

Renewable Energy2The World Intellectual Property Organization (WIPO) published the Global Challenges Report on June 11, 2014. The study deals with the climate change as one of the biggest global challenges of our time. Therefore, the study analyzes the patent landscapes of four Climate Change Mitigation Technologies (CCMTs): Biofuels, solar thermal, solar photovoltaic (PV) and wind energy.

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

Best german brands

Interbrand, started in 1974 with its approximately 40 offices around the globe, is one of the biggest and oldest brand consultancy companies around the world. Every year, Interbrand conducts and publishes various studies relating to brands, their value and the impact on companies and consumers.This year they published for the first time a ranking of the 50 best German Brands. The new study published on 6 June 2014 relates to the “Best German Brands 2014″, which does not just give an in-depth insight, but also an overview about new trends and developments.

Automotive Brands in Germany

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

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