Fighting the Crisis -- Intellectual Property will survive!

March 18, 2020
Categories: 
Brand, Trademarks, IP Rights, Innovation

Corona. Not just a beer, a cigar or a white halo during a solar eclipse, but also one of a group of viruses that infect humans and can be responsible for serious respiratory diseases. Corona viruses are not new which makes it unbelievable, how fast the latest mutation has become a threat to our economy on a global basis. But any crisis should not just be seen as an obstacle, but also as a chance to review, think, improve, find solutions and move forward.

Weiterlesen über Fighting the Crisis -- Intellectual Property will survive!

ECJ landmark case: Successful invalidity proceedings against an EU design based on an earlier trademark

March 28, 2019
Categories: 
ECJ - European Court of Justice, EUIPO, European Union Trademark, Likelihood of confusion, Three-dimensional trademarks, Decisions, Design Law

ECJ landmark case: Successful invalidity proceedings against an EU design based on an earlier trademark

With its decision dated 6 March 2019, the European Court of Justice (ECJ) confirmed a decision of the European General Court (GC) concerning invalidity proceedings between Ferrero SpA (Ferrero) and BMB sp. z o.o. (BMB) regarding the following opposing IP rights.

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McDonald’s failed to prove genuine use regarding its EU Trademark ‘BIG MAC’

March 07, 2019
Categories: 
EUIPO, European Intellectual Property Office, European Union Trademark, Trademarks, Decisions
Tags: 
proof of genuine use, EUIPO

The Cancellation Division of the European Union Intellectual Property Office (EUIPO) surprisingly revoked the European Union Trademark ‘BIG MAC’ in its decision of 11 January 2019 (Cancellation No 14 788 C).

                                              

15 Top Brands - Interactive Brand Rating - Years 2000 - 2018

February 22, 2019
Categories: 
Brand
Tags: 
Brands, Best Global Brands

https://www.youtube.com/watch?v=BQovQUga0VE

Here’s to you, Tempo! – Germany’s probably most famous trademark turned 90.

February 19, 2019
Categories: 
Brand, German Patent and Trademark Office, German Trademarks, Intellectual Property, IP Rights, Trademarks

German trademark no. 407752 “Tempo” (word mark) was filed on 29 January 1929 and, hence, celebrates its 90th birthday this year. Even the German Patent and Trademark Office (GPTO) contributes to this fact and has recently published a laudatory article (https://www.dpma.de/english/our_office/publications/milestones/tempo90/i...) about the trademark and its different owners who have changed several times over the past decades. With the present blog article, we wish to congratulate the trademark Tempo to its impressive genesis but also highlight issues resulting from exorbitant fame of trademarks – which is both a blessing and a curse.

Trademarks: Division and Merging of International Registrations

February 13, 2019
Categories: 
Trademarks
Tags: 
international registrations, division, merging

On 1 February 2019, amendments to the Common Regulations under the Madrid Agreement and Protocol came into force. While it had already been possible to partially transfer an International Registration to a new owner, it is now also possible to request the division of an International Registration for only some of the goods and services in respect of a designated Contracting Party.

EUIPO Trademark Decision: OTTO vs. OTTOSUN

February 11, 2019
Categories: 
Intellectual Property, Likelihood of confusion, Trademarks
Tags: 
EU Trademarks, Likelihood of confusion, EUIPO, Board of Appeal

In its decision of 10 January 2019, the European Union Intellectual Property Office (EUIPO) Board of Appeal found that there was a likelihood of confusion between the applied EU trademark (EUTM) “OTTOSUN” and the earlier EUTM “OTTO” for certain goods in classes 9 and 11.

Changes regarding the German Trademark Act as of 14 January 2019

January 23, 2019
Categories: 
German Patent and Trademark Office, German Trademarks, Intellectual Property Law, IP Rights, Trademark Law

On EU-level, the revised EU Trade Mark Directive 2015/2436 of 16 December 2015 (EUTMD) and the new EU Trade Mark Regulation (EUTMR) entered into force at the beginning of 2016. After comprehensive preparatory work done by the Federal Ministry of Justice and Consumer Protection combined with expert support by the German Patent and Trade Mark Office (GPTO), the Trade Mark Law Modernisation Act (Markenrechtsmodernisierungsgesetz), and thus the amendment of the Trade Mark Act to implement the EUTMD, entered into force on 14 January 2019 with the goal to harmonize a significant number of optional provisions of the EUTMD into German law.

INTA Paralegal Roundtable in Munich on 14 February 2019

January 21, 2019
Categories: 
Events
Tags: 
INTA, Intellectual Property, IP Paralegal Roundtable, Roundtable

The International Trademark Association (INTA) in conjunction with the German Patent and Trademark Office (DPMA) will hold a Trademark Administrators Seminar in Munich, Germany, designed specifically for Trademark Administrators, Paralegals and other staff dealing with trademarks. 

 

Legal Trainee at LexDellmeier Intellectual Property Law Firm

January 10, 2019
Categories: 
Uncategorized
Tags: 
Trainee, Traineeship, Finnland

My name is Hanna Lahtela and I am a 25-year-old law student from Finland. I will be working as a Legal Trainee at LexDellmeier Intellectual Property Law Firm from January until the end of June 2019.

My interest in IP law started even before I was accepted to law school. One of our books for the admission test was about IP law and I received a strong basic knowledge already at that point. I am studying my fifth and final year at the University of Helsinki and my interest in IP law has just increased year by year. In 2016, I participated in the annual Nordic IP Moot Court Competition in a team of three persons. Currently I am working on my Master’s thesis regarding trademarks that are contrary to public order or morality.

European General Court: Distinctiveness of the Shape of an Amphora with a Bulge

January 07, 2019
Categories: 
Community Trademark, European General Court, German Trademarks, Trademarks
Tags: 
03 October 2018, European General Court, Amphora, 3D EUTM

The European General Court (GC) – quite surprisingly – overruled a decision of the European Union Intellectual Property Office (EUIPO) Board of Appeal with its decision dated 3 October 2018 and ruled that the 3D mark showing the shape of a common amphora, but having a bulge, does not lack distinctiveness and is, therefore, registrable.

                                                              

                                      Applicant’s/claimant’s EUTM application no. 014886097 (3D mark)