The German Patent and Trademark Office (GPTO) refused registration of the trademark “Oktoberfest” – just before the Münchner Oktoberfest will start.

 

Read more about Can “Oktoberfest” function as a trademark?

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With the legal profession traditionally being male-dominated, Lawyer Monthly aims to recognise the struggles female lawyers overcome, in order to be the best for their clients. That is why we are very proud to have received the Women in Law Award and to be on the cover of the 2019 edition of the Lawyer Monthly Women in Law Awards Magazine.

H’ugo’s – a famous Munich local Pizza Bar Lounge wins trademark case at the European Union General Court

With its decision dated 9 July 2019, the European General Court (T-397/18) confirms the finding of the previous EUIPO instances regarding the likelihood of confusion between the prior word mark “H’ugo’s” and a younger figurative mark containing the word elements “HUGO’S BURGER BAR” (European Union Trademark Application No. 014608806).


H’ugo’s                             vs.                       

EUTM no. 006706022                                     EUTMA no. 014608806
(word mark)                                                   (figurative mark)

In June 2019, Brand Finance, an independent brand valuation consultancy with offices all over the world published its annual report ‘Beers 25 2019’ which lists the world’s most valuable beer brands – and found Budweiser’s brand value was USD 7.5 billion.

Guess how much growth you can achieve in case you invest in trademarks, designs, patents etc.?

Just recently this year in 2019, the European Union Intellectual Property Office (EUIPO) and the European Patent Office (EPO) released a joint study, which examines the relationship between the growth prospects of European small and medium-sized enterprises (SMEs) and their IP activity.

With its decision dated 19 June 2019, the European General Court (T-307/17) confirms invalidity of one of adidas’ three-stripe-marks, namely European Union Trademark Registration No. 12442166.

I. Background of the case

EU trademark No. 12442166, claiming protection for the below sign, was filed by the German company adidas AG as a figurative mark on 18 December 2013.

In June 2019, Europol and the European Union Intellectual Property Office (EUIPO) published the first EU-wide intellectual property crime threat assessment, building upon two previous joint situation reports on piracy and counterfeiting. The report confirms links between IP crime and the increasingly professionalized organized crime networks in the EU.

 

With its decision dated 14 May 2019, the European General Court confirms a decision of the European Union Intellectual Property Office’s Board of Appeal invalidating European Union trademark registration no. 011432044 “NEYMAR”.

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.

 

Two new member states are accessing the Madrid Protocol for the international registration of marks. The Protocol will enter into force in Canada on 17 June 2019, and Brazil is expected to follow late in 2019.

                                           

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Alexandra Dellmeier and Freia Andrea Breier will represent the LexDellmeier Team at the International Trademark Association’s 141st Annual Meeting in Boston, Massachusetts, from 18 – 22 May 2019.