Virtual Goods in Focus – EU General Court’s First Ruling

The General Court (GC) has issued its first-ever ruling on the distinctiveness of a trademark applied to virtual goods. The decision T11163/23 dated 11 December 2024 – “Glashütte ORIGINAL”  concerned the application for the following sign:

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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.

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.

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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. 

 

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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.

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)

On 3 December 2018, the World Intellectual Property Organization (WIPO) published its annual report on World Intellectual Property Indicators 2018 (WIPI). The report analyzes the IP activity around the world in the previous year 2017 and gives an insight on the overall number of filings, registrations and maintenance of trademarks, patents, utility models and designs.

                                                           

                                                                                                   Source: WIPI

 

 

IT IS TIME TO CELEBRATE !!! 

What inspired me (Alexandra Dellmeier) to write this article? Well, I was born in Bavaria - in the capital city of Munich to be precise - and, I am an intellectual property attorney. Even though I had the opportunity to live in the US for a total of six years and do internships there and in Israel, my "roots" lie in Bavaria. Naturally, I want to write about the 100th anniversary of my "homeland" in combination with start-ups, trademarks and how Bavaria has developed over the past decades. 

On 5 November 2018, Canada became a contracting party to the Hague Agreement. As of this day, the users of Hague System are newly allowed to designate Canada in their international design application.

Source: Pixabay