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

Post date: 
January 21, 2025
Categories: 
EUIPO, The Court of Justice of the European Union, Trademark Law, European General Court, Decisions, Distinctiveness, Intellectual Property
Tags: 
#virtualgoods, #gc, #watches, #glashuette

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:

01 Read more about Virtual Goods in Focus – EU General Court’s First Ruling

The next wave of changes brought by the EU Trademark Regulation is applicable on 1 October 2017

Post date: 
April 10, 2017
Categories: 
Intellectual Property Law, Trademark Law
Tags: 
Trademark Regulation

Heads up! The new wave of IP legislation changes comes into force in less than six months from now. As we all know, the new Trademark regulation (Regulation (EU) 2015/2424) came into force on 23 March 2016. However, a few crucial articles apply only from 1 October 2017 on.

 

What are the changes?

Most notably, the graphical representation requirement will be removed. Instead, the stipulation of a clear, precise, self-contained, easily accessible, intelligible, durable and objective representation will be sufficient. To clarify these conditions, EUIPO will offer additional information, as well as samples of acceptable formats.

INTA 2017: Over 10,000 trademark experts expected in Barcelona

Post date: 
April 05, 2017
Categories: 
Intellectual Property, Trademarks
Tags: 
INTA Annual Meeting

Every year in May, one city becomes the melting pot of all IP professionals. The “cause” is the International Trademark Association´s (or INTA, for short) annual meeting. Usually, the event takes place in the US. However, keeping true to the “IN” in “INTA”, the organizers try to leave North America every couple of years, and organize the meeting in another IP crossroads in the world. And after eight years of absence, the event is returning to Europe this year, as the location chosen is Spain, which is also the home of EUIPO. From 20 - 24 May 2017, Barcelona will host professionals from all over the world, introducing a new and diverse range of relevant IP-related topics, where everyone can find something of their interest.

Arguments gone with the wind: the EGC upholds a decision concerning a potential one-letter “e” mark

Post date: 
April 03, 2017
Categories: 
European General Court, Intellectual Property, Trademarks
Tags: 
EGC, one-letter trademark, acquired distinctiveness, Likelihood of confusion

In a recent case, the European General Court (EGC) touched upon several hot potatoes: one-letter marks, acquired distinctiveness and the difference between an identical and a similar good and service.

Background of the case

On 16 November 2011, Eolus Vind AB, a Swedish company involved in wind energy industry, applied to register a figurative mark consisting of a stylized letter “e” (EUTM no: 010420941). The registration covered a wide field of goods and services, from electrical energy deriving from wind power, construction and repair of wind power plants and energy distribution, to insurance and legal services. 

WIPO 2016: A year in life

Post date: 
March 30, 2017
Categories: 
Domains, Intellectual Property, Patents, Ranking, Trademarks, WIPO
Tags: 
WIPO, WIPO Statistics, 2016

On 15 March 2017, WIPO published a press release, showing their 2016 in numbers. And there was a lot to celebrate, as 2016 marked a record-breaking number of patent, trademark and design applications, and a significant growth on all three fronts for the seventh year in a row.

On the gloomier note, the number of cybersquatting disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) broke a record as well, with its 10% rise in comparisom to the number in 2015.

 

Trademarks

Tuscany´s gold

Post date: 
March 07, 2017
Categories: 
Geographical Indications, Intellectual Property, IP Rights, Trademarks
Tags: 
Geographical Indications, European Union Trademark, European General Court

Combining the fact that Italy is the third biggest producer of GI products in the EU and that Italian cuisine is cherished across the globe, it is safe to say that IP infringements are imminent. This time the legal battle stems from Tuscany, Italy´s fruitful producer of wine, cheese, cold cuts and, important for this case, extra virgin olive oil.

 

Counterfeiting: A cry for help from top brands

Post date: 
February 16, 2017
Categories: 
Brand, Counterfeiting, Intellectual Property
Tags: 
Counterfeiting, Product Piracy, Brand

 

After a worrying OECD report last year (more on that here), this year the fight against pirated goods continued with a letter addressed to the president of the European Commission, Mr. Jean-Claude Juncker.

HAPPY HOLIDAYS from the LexDellmeier IP Team

Post date: 
December 20, 2016
Categories: 
Christmas

Importance of Use of Trademarks in Germany and the EU

Post date: 
November 10, 2016
Categories: 
Brand, German Patent and Trademark Office, German Trademarks, Intellectual Property Law, IP Rights, Trademarks
Tags: 
Trademarks, Trademark Use, Proper Use of Trademarks in Germany, the EU, Markenbenutzung, Benutzung von Marken

Trademark Use in Germany and the EU - Why brand owners must use their trademarks

Trademarks present a link between a brand owner and its consumers. They are the easiest way to differentiate one product from another and one competitor from another, at the same time creating customer loyalty and strengthening of the brand. However, why do brand owners actually need to use their trademark if it is registered? This article tackles the importance of genuine trademark use and how to prove use in Germany and the EU.

How do you receive trademark protection in Germany and the EU?

FOOTBAL BRANDS 2016: Who leads the game?

Post date: 
September 21, 2016
Categories: 
Brand Finance Banking 500, Brand Value, Finance Brand, Intellectual Property Law, IP Rights, Ranking, Trademarks
Tags: 
Brand Finance Football 50, Trademarks

Brand Finance Football 50 is an annual study conducted by one of the leading brand valuation and strategy consultancies. The study published on June 6, 2016 determines which of the word largest football clubs have the most powerful and valuable brands.

The numbers do not lie. As can be seen in the chart, the world’s most valuable football club brand this year is Manchester United FC with a brand value estimated at 1,170 USD million. The second position is occupied by the current Champions League Winner, Real Madrid, and the podium’s third place is attributed to its forever greatest rival, Barcelona.

Trademark issue: Red sole(ly) for Louboutin?

Post date: 
July 28, 2016
Categories: 
Brand, Intellectual Property, Likelihood of confusion, Trademarks
Tags: 
Brand, Louboutin Red Sole, Trademark, position mark

The color red means energy, strength, power and passion. Shoe-wise, for most women it means one thing: Louboutins. However, the road was not easy for the French designer. In-and-out of courts for years now, the battles for his in(famous) “Red Sole” linger on. The most complex one, against van Haren, made its way up to the European Court of Justice (CJEU, ECJ) on 27 May 2016. We are giving you a summary of Louboutin´s time in court, as well as keeping you posted on all the updates.

 

USA

Christian Louboutin had no problem registering his red soles in the USA. Under the registration numbers 3376197 and 3361597, the US Patent and Trademark Office readily protected “lacquered red sole on footwear” or the “Red Sole Mark”.