For the last two months, Oliwia Puto – our Legal Trainee was working on her Overall Project, which was the creation of a chatbot “BenBot” for LexDellmeier. “BenBot” is a mobile app that aims to facilitate and accelerate the process of filing applications for the registration of an EU trademarks. In order to achieve this purpose, it collects from the users all information that the attorneys at LexDellmeier need to prepare such applications. We are delighted to announce that this project will officially go live around December 2020/January 2021. This means that in just a few months you will be able to download the app from AppStore and use it to receive information on matters related to trademarks, IP law etc., and to send information needed to apply for an EU trademark registration – 24/7! What makes us particularly excited about this project is that (as far as we know) LexDellmeier will be the first law firm in Germany to implement a Legal Tech solution of this kind. Read the blog post to find out more!
On 20 December 2017, the Court of Appeal in Sweden sentenced some of the scammers from the Uppsala trademark scam case to serve a prison sentence. They were found guilty of fraud for sending misleading invoices to EU trademark owners using the name “OMIH” on the letterhead.
On 11 January 2018, Melchior Wathelet, the Advocate General of the Court of Justice of the European Union (CJEU), published his opinion about the dispute concerning the Neuschwanstein EU trademark. In his opinion, he recommended the CJEU to uphold the previous decision of the General Court. Wathelet states that the trademark is not descriptive for the goods and services covered and therefore there is no legal barrier for its registration.
On 30 November 2017, the European General Court (EGC) upheld the previous decision of the Board of Appeal of the EUIPO in the joined cases T-101/15 and T-102/15, Red Bull v EUIPO. The EGC confirmed that the registered trademark consisting of two colors allowed several different combinations as the application did not display the requirements of precision and uniformity set out by Article 4 of Regulation No 207/2009. Now, the case continues to the next instance and so the highest court in the EU, the Court of Justice of the European Union (CJEU), will have the last word, whether the color combination will further benefit from legal protection.
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.
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.
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.
On 6 September 2017 the European Commission published its position paperon 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.