Understanding Trademark Law Through the Lens of Halloween: A Spooky Guide

Halloween, with its pumpkins, costumes, and haunted houses, is one of the most exciting and creative times of the year. But behind the spooky masks and candy bowls lies a complex world of Intellectual Property Law, especially trademarks, which many businesses need to navigate carefully during the season.

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

Interbrand just released its new rankings of the best global brands for the year 2018. By no surprise, the leading companies are again mostly active in the technology sector.

Source: Interbrand

On 15 August 2018, the World Intellectual Property Organization (WIPO) published its Information Notice No. 12/2018. In this Notice, WIPO released a new version of the 11th edition of the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification) that will enter into force on 1 January 2019.

 

Source: Pixabay

On 26 June 2018, the General Court (GC) upheld the decision of the Board of Appeal (BoA) and confirmed that the word and device trademark “France.com” cannot be registered in the EU due to a likelihood of confusion with the earlier trademark “France”.

 

                                                                            

                                                  Applicant´s EU Trademark No. 013158597 (word/device mark)          

 

                                                                                    

                      Opponent´s International Registration No. 1032440 designated for the EU (word/device mark)

The Cornell University, INSEAD and the WIPO just published its 11th edition of Global Innovation Index (GII) for the year 2018 with the theme “Energizing the World with Innovation”. The Global Innovation Index is an annually published report since 2007, which gives an impartial view to the measuring of innovation worldwide. The 2018 edition provides detailed information about the state of innovation performance of 126 countries and economics around the world, which represent about 90,8% of the world´s population and 96,3% of global GDP.