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.

  Read more about „Model: Sam“ - Use as a trademark or a simple model designation?

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.

                                          

Zielgruppe: Ein Workshop für Unternehmer, Geschäftsführer, Start-Ups sowie Leiter und Mitarbeiter von Rechts-, Marken- und IP-Abteilungen.

 

 

 

 

 

 

 

 

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On 15 April 2019, the Directive on Copyright in the Digital Single Market, a.k.a. the EU Copyright Directive, was approved by the Council of the European Union.

As the European Commission emphasizes (please see https://ec.europa.eu/digital-single-market/en/modernisation-eu-copyright...), the new Directive should support “creating a Digital Single Market” and “bringing down barriers to unlock online opportunities”. The aim is to provide EU copyright rules that fit to the digital age.

The main goals are:


•    better access to online content and across borders, 


•    improved copyright rules for education, research, cultural heritage and inclusion of disabled people and


•    a fairer online environment for creators, the press and a well-functioning marketplace for copyrights.

 





 

 

 

 

Alexandra Dellmeier is a German Attorney at Law and Certified IP Attorney. She founded the law firm LexDellmeier Intellectual Property Law Firm 10 years ago in Munich, Germany. It is time to say:

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Intellectual property authorities of China have recently gone through major changes. This blog post briefly introduces the merger of patent and trademark authorities into the China National Intellectual Property Administration (CNIPA).

                                             

Every year on April 26 we celebrate the World Intellectual Property Day organized by the World Intellectual Property Organization (WIPO). This year’s theme is “Reach for Gold: IP and Sports”. The campaign encourages taking a closer look inside the world of sports, where intellectual property rights also play an important role.

 

                                                            

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Traditional forms of trademarks will remain the most relevant, but companies should also start making more of the new possibilities to register and use more complex marks like hologram marks, motion marks or multimedia marks to strengthen their business. However, give a lot of thought into creating such marks to ensure they will be recognized as TRADEMARKS by the public.

 

                                                                                                 

EUTM No. 017451816                            EUTM No. 017941596                           EUTM No. 017965087

(Examples of multimedia marks registered with the EUIPO)

In April 2019, the Center for Intellectual Property Understanding (CIPU) published a report regarding IP awareness and attitudes. The report summarizes and collects together 15 studies and surveys focusing on IP awareness and perception among consumers, small businesses and college students.

 

                                            

On 14 February 2019, the Higher Regional Court Frankfurt a.M. ruled that German courts have an international competence for adverts on the Internet in particular, if those adverts are provided on a “.de”-top-level-domain and if the web presence does not contain indications that the offer is not directed to German customers.