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

Community Communication in Relation to black/white Trademarks

Post date: 
May 22, 2014
Categories: 
Intellectual Property
Tags: 
Black/white, Convergence program, DPMA, Genuine use, OHIM, Priority, Relative Grounds, Tradmarks
ConvergenceOn the basis of the convergence program the Office for Harmonization in the Internal Market (OHIM) is trying to align the official practice of the national trademark offices in Europe. The aim of the program is to provide transparency, legal certainty, and predictability for the benefit of examiners and users.   Background The reason for this project are the different procedures of the offices’ handling practice in relation to black/white trademarks, which has led to confusion. While some of the offices rule that black/white trademarks are protected in every color, others assume, that the protection is only for the black/white trademarks. Results of the Project

FC Bayern München wins Trademark Case against Sky Deutschland

Post date: 
May 21, 2014
Categories: 
Brand Value
Tags: 
27 W (pat) 546/13, Bad Faith, Bayern München vs. Sky Deutschland, Branding, Brands, German Federal Patent Court, Intellectual Property, Likelihood of confusion, Trademarks, word/design mark
The German Federal Patent Court (BPatG) decided on 8 April 2014, that the word/design mark “München – in Bayern” cannot be registered because there is likelihood of confusion to the older word/design mark “FC Bayern – München”. Also the application was filed in bad faith (Case 27 W (pat) 546/13). Introduction Likelihood of confusion must be assessed on the basis of if there is a high risk that the targeted consumers assume that the relevant goods and services derive from the same or connected companies. Also, an application is filed in bad faith, if the applicant knows and deliberately wants that his trademark is confused with another, older trademark. Background of the Case and Subject Matter

27 June 2014: Munich Patent Law Conference – Burden of Pleading and Proof in Patent Infringement Cases

Post date: 
May 20, 2014
Categories: 
German Patent and Trademark Office
Tags: 
Bavarian State Ministery of Justice and Consumer Protection, Burden of Pleading and Proof Infringement Cases, Munich Patent Law Conference 2014, Patents, Technical University of Munich
This upcoming Munich Patent Law Conference on 27 June 2014 held in English will focus on:

“Burden of Pleading and Proof in Patent Infringement Cases”

Conference 2014

Industry-Level Analysis Report

Post date: 
May 16, 2014
Categories: 
Brand Value
Tags: 
Brands, Copyright, Designs, EPO, Industry Level Analysis report, IPR intensive industry, OHIM, Trademarks
The Industry-Level Analysis Report of the European Patent Office (EPO) and the Office of Harmonization in the Internal Market (OHIM) was presented by the European Observatory on Counterfeiting and Piracy in September 2013. The study shows how the intellectual property intensive industry influences the European economy. The Intellectual Property Intensive Industry

EPO Patent Filings Survey 2014

Post date: 
May 14, 2014
Categories: 
EPO - European Patent Office
Tags: 
EPO, EPO Patent filings survey, EPO Patent filings survey 2014, EPO Study, EPO Survey 2014, European patent, European Patent Office, Patents

The European Patent Office (EPO) carries out a survey every year. The study helps estimate the number of patent filings in the next three years. This information of the probable filing developments helps the EPO to forecast the budget and manpower. It also helps to foresee economic trends.

Introduction

For the survey, applicants from the 400 largest EPO clients and a group of approx. 2 800 from the general population were contacted and with a random sampling method, that preferentially selected larger applicants was applied.

New Survey 2014

WIPO: Workshop for Mediators

Post date: 
May 09, 2014
Categories: 
Intellectual Property
Tags: 
Intellectual Property, IP, IP-Lawyer, Mediation, WIPO
The World Intellectual Property Organization (WIPO) is organizing a workshop for Mediators about Intellectual Property Disputes. The workshop will take place on May 22/23,  2014 in Geneva in Switzerland. Introduction into Mediation

Find LexDellmeier on Facebook

Post date: 
April 30, 2014
Categories: 
Brand Value
Tags: 
Branding, Brands, Community Trademark, Copyright, Copyright Law, Counterfeiting, Decision, Designs, Intellectual Property, LexDellmeier, Trademarks
LexDellmeier is on Facebook since 30 April 2014. We invite all our readers to push the “Like Button” and be informed about our new blog entries. You will also find pictures and job offers. https://www.facebook.com/pages/LexDellmeier/679804752067448?fref=ts facebook

Best Retail Brands 2014

Post date: 
April 30, 2014
Categories: 
Brand Value
Tags: 
Branding, Brands, Intellectual Property
Interbrand, started in 1974 with its approximately 40 offices around the globe, is one of the biggest and oldest brand consultancy companies around the world. Every year, Interbrand conducts and publishes various studies relating to brands, their value and the impact on companies and consumers. The most recent study published relates to the “Best Retail Brands 2014″, which does not just give an in-depth insight, but, also an overview of different countries, including the USA. The most valuable retail brand 2014 is the North American mark WALMART with a brand value of 131,9 billion US-Dollars. Number one in Asia is Woolworth and the most valuable brand in Latin America is the Brazilian cosmetic brand Natura.

Word Intellectual Property Day on 26 April 2014

Post date: 
April 25, 2014
Categories: 
Brand Value
Tags: 
Brands, Copyright, Designs, Intellectual Property, IP, Law, WIPO
History The World Intellectual Property Office’s (WIPO’s) member states designated April 26 – the day on which the WIPO Convention came into force in 1970 – as World Intellectual Property Day with the aim of increasing the general understanding of Intellectual Property, including trademarks, designs, patents, utility models etc. Each year, a special topic and focus is picked. This year’s World Intellectual Property Day 2014 focuses on “Movies – a Global Passion”. This theme is focused on because watching movies has affected people for over 100 years now and also gives work to the thousands of people who are employed in the film industry. And movies are protected by the copyright law. IP Day Events 2014

Haribo vs. Lindt

Post date: 
April 23, 2014
Categories: 
Brand Value
Tags: 
Brands, Community Trademark, Decision, Goldbär, Haribo, Intellectual Property, Law, Lindt, Trademarks
On 11 April 2014 the Higher Regional Court of Cologne overturned the first instance decision in the trademark battle between the two well-known candy manufactures Haribo (gummi bears) and Lindt (chocolate). The Regional Court Cologne came to the decision that there is likelihood of confusion between the “Lindt Chocolate Teddy” and the “Haribo Goldbär”(LG Köln on 18.12.2012; Decision 33 O 803/11). The Higher Regional Court instead decided totally different and has to come to the conclusion that the Haribo Goldbär is not infringed by the sale of the Lindt Chocolate Teddy (see: press release in German OLG Köln on 11.04.2014; Decision 6 U 230/12).