The German Federal Court of Justice (BGH) recently rendered a decision on trademark use in the field of textiles that is worth reading.

In general, use as a trademark requires that a significant part of the relevant public recognizes a sign as indicating the origin of a product. For that, it is not sufficient that a sign is originally distinctive and that its use is not plainly descriptive. Instead, use as a trademark has to be assessed in each case individually taking into account all circumstances of the case. Thus, use of a first name like “SAM” as a model designation can also constitute use as a trademark and, in consequence, be deemed trademark infringement.

  Weiterlesen über „Model: Sam“ - Use as a trademark or a simple model designation?

On 20 November 2017 the European brand owner association (MARQUES) published a Brexit position paper where it sets out its position about the upcoming Brexit and the concerns towards the so far not drawn consequences for EU harmonised IP rights. 

 

Source: Pixabay

As of December 2017, ROMARIN, Mardid e-Alert and Madrid Realtime Status will take the back seat as Madrid Monitor becomes WIPO´s only tool for tracking international trademark registrations.

Source: http://www.wipo.int/madrid/en/

 

Benoît Battistelli, the current President of the European Patent Office (EPO) will be ending his 5-year term as the EPO President in the end of May 2018. The Administrative Council of the European Patent Organisation has elected Portuguese António Campinos to fulfill his position as the EPO President.

  

   

 

 

 

 

 

Source to the photo.

In its recent decision of 18 October 2017, the German Federal Court of Justice (Bundesgerichtshof) held square-shaped chocolate packaging eligible for protection as three-dimensional trademarks and annulled two previous rulings of the German Federal Patent Court (BPatG). Consequently, the cases are remitted back to the German Federal Patent Court.

Source to the photo.

Background of the case

On 6 September 2017 the European Commission published its position paper on issues regarding IP rights after the withdrawal date of the UK. It lays down the main principles to be taken into account in the negotiations under the Article 50 of the Treaty of Lisbon with the UK.

Source: Pixabay

As posted earlier in our post from 10 April 2017 , the second part of changes regarding the new EU Trademark Regulation (Regulation (EU) 2015/2424) will come into force on 1 October 2017, as the changes had to be made through secondary legislation.

Geographical Indications, also known as GIs, are forms of intellectual property protection designed to protect indications associated with a location. GIs provide consumers accurate information regarding the origin of a product, as well as promote local production and enhance competitiveness. With its nearly 3,400 registered geographical indications, the European Union has been traditionally the forerunner in the field. Germany is well-known for its beers, but what else comes from Germany? In the map below is elaborated well-known GIs of Germany based on their origin.​

 

Source: Federal Ministry of Food and Agriculture website.

 

This year, the German Patent and Trademark Office (DPMA) celebrates its 140th anniversary as an authority. During its long journey it has adapted to many changes and through its constant evolvement it has gained its place as number one of the national IP offices in the Europe.

 

(Source:DPMA website

 

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The Uniform Domain Name Dispute Resolution Policy, better known as UDRP, offers a sustainable alternative for litigation by means of standardized dispute resolution for cybersquatting cases. In order to enhance predictability and legal security, in May 2017 WIPO released its “WIPO Jurisprudential Overview 3.0” to give an insight into WPO´s Panel consensual views.

 

 

Innovation is one of the key factors driving economic growth and development.

This year we are celebrating the 10th anniversary of the well-known Global Innovation Index (GII), which gives a fresh view to the measuring of innovation worldwide.

 

 

 The GII ranks innovation capabilities and results of world economies. It was first introduced by INSEAD in 2007, and today it is co-published with Cornell University and the WIPO, in collaboration with the 2017 GII Knowledge Partners who, by means of analytics and case studies contribute to the elaboration of GII.