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:

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Madrid System celebrates a milestone anniversary

Post date: 
April 29, 2016
Categories: 
Intellectual Property Law, Trademark Law, Uncategorized
Tags: 
Intellectual Property Law, Trademark law

1891 was the year basketball was created, American Express issued first travelers´ checks and Edison patented motion picture camera. However, the most significant date for intellectual property is April 14, 1891 as it marks the date the Madrid Agreement was adopted.

Trying to escape the bite of the Crocodile

Post date: 
April 27, 2016
Categories: 
Community Trademark, European General Court, Likelihood of confusion, Uncategorized
Tags: 
Community Trademark, European General Court, Likelihood of confusion

After the European General Court’s (EGC) ruling on September 2015, the battle of the reptiles continues in front of the Court of Justice of the European Union (CJEU). As Lacoste protects their famous crocodile logo, Kajman is trying to prove the difference of their KAJMAN logo.

Background of the case

Wordmark “BIMBO” descriptive for products intended for children

Post date: 
April 26, 2016
Categories: 
Uncategorized
Tags: 
Decision, descriptive, European General Court

n its judgement of 18 March 2016, the General Court ruled that the wordmark “BIMBO” cannot be registered as a European Trademark. The Italian-speaking consumers of the Union would merely perceive the mark as indicating that the relevant products are intended for children  (Judgement T-33/15).

“BIMBO”

Background of the case

Newly released Common Communication: Convergence on graphic representations of Designs

Post date: 
April 26, 2016
Categories: 
Uncategorized
Tags: 
Common Communication, Designs, European Trade Mark and Design Network, Graphical representations of Designs

On 15 April 2016, the European Trade Mark and Design Network published a Common Communication on Convergence on graphic representations of designs (CP6).

 

 

The Communication on the Graphical representations of designs is a result of the cooperation between the European Intellectual Property Office (EUIPO), National IP Offices and User Associations in a so-called Convergence Programme. The aim is to reach a common ground in areas where IP offices have different practices.

The CP6 is the first one published in the area of designs. The aim is to give guidance for the examination procedures on e.g.:

Licensing – a way to exploit your trademark

Post date: 
April 19, 2016
Categories: 
Brand, Licensing, Uncategorized
Tags: 
Brand Value, License Agreements, Trademark Licensing

A trademark can be any sign capable of distinguishing the products of one company from those of another. If you own a trademark, you have exclusive rights to use that trademark on the products you have protected and are offering on the market. This means that you can prevent any third party from using the same or a similar mark for the same products. Consumers usually base their purchasing decision on the good reputation of or their previous experience with a brand. The trademark attached to the products is therefore of great value to a company as it helps the consumers to pick out products from a specific commercial origin.

Through a license agreement the owner of a trademark, the licensor, can allow third parties, the licensees, to use his trademark under certain conditions in return for payment.

Mercedes-Benz: Trademark use in online advertising

Post date: 
April 05, 2016
Categories: 
Uncategorized
Tags: 
ECJ Decision, Mercedes-Benz Trademark, Online Advertising, Trademark, Trademark Infringement

In its preliminary ruling of 3 March 2016, the European Court of Justice (ECJ) ruled that actions on trademark infringements in online advertising cannot be brought against a third party who is not in direct or indirect control of the act constituting the trademark use (Judgement C-179/15).

A case of „Bounty“ hunting in Germany

Post date: 
April 04, 2016
Categories: 
Distinctiveness, German Federal Court, Three-dimensional trademarks, Uncategorized
Tags: 
Distinctiveness, German Federal Court, three-dimensional trademarks

On 21 October 2015, the German Federal Court of Justice (BGH) ruled that the registered 3D trademark of Mars‘ „Bounty“ chocolate bar is protected against trademark use by competitors. The Court held that if the public perceived the shape of a product as a source indicator, then it was very likely to do the same with a highly similar shape of a competitor’s product, as long as the goods were identical.

Background of the case

Counterfeited goods seized in Greece

Post date: 
April 01, 2016
Categories: 
Counterfeiting, Product Piracy, Uncategorized
Tags: 
Counterfeits, Product Piracy

Greek Police has had a productive month. With a massive destruction of seized counterfeits, they are showing the counterfeiters they are a force to be reckoned with. On March 17, 2016 Hellenic Police conducted a huge raid and seizure of counterfeit goods. The Police reported appropriation of around 19 000 items, 11.517 of which were blouses, 2.918 pairs of sports shoes, 1.845 purses and bags, 1.444 pieces of underwear, and the rest was divided between pants, shirts and caps.

EUIPO - New Office Name and Regulations in force as of 23 March 2016

Post date: 
March 23, 2016
Categories: 
Uncategorized

As of 23 March, the Office's name has changed to the European Union Intellectual Property Office (EUIPO).

The name of the unitary trade mark administered by the Office has changed to the European Union trade mark.

These changes took effect upon the entry into force of Regulation (EU) 2015/2424.

Adidas officially earning its stripes

Post date: 
March 11, 2016
Categories: 
Brand, Community Trademark, Intellectual Property, Trademarks
Tags: 
Brands, Community Trademark, European Court of Justice, European General Court, Trademarks

With the CJEU´s ruling on 17 February 2016, a lengthy saga concerning Adidas might have come to an end. After contesting everything from two to five stripes, creating and using an abundance of case law, logging a fair share of hours in the courtroom, it might have all- at least in the EU- come down to one thing: acquired distinctiveness.