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

Post date: 
October 30, 2024
Categories: 
Brand, European Union Trademark, Trademark Law, Trademarks, IP Rights, Intellectual Property Law
Tags: 
#halloween

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.

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Change in examination of international registrations designated in the EU

Post date: 
September 10, 2014
Categories: 
Community Trademark
Tags: 
international registrations, IP Translator, OHIM
EU FlaggeAs and from 1 October 2014, the Office of Harmonization in the Internal Market (OHIM) will begin examining the classification of international registrations designated in the European Union (EU), for vague terms. This change brings OHIM's practice into line with that of EU national and regional IP offices, as previously outlined in the Common Communication on the implementation of IP Translator (Case C-307/10). For more information follow the link: https://oami.europa.eu/ohimportal/en/change-in-examination-of-international-registrations-designated-in-the-eu

EU Customs enforcement Counterfeiting Report 2013

Post date: 
September 05, 2014
Categories: 
Brand Value
Tags: 
2013, Counterfeiting, EU Counterfeiting Report, EU Counterfeiting Statistics
The European Commission published its Annual Report 2013 on EU customs enforcement of intellectual property rights on 31 July 2014. The annual report contains statistical information about detentions made under customs procedure at the EU external borders.   Counterfeiting1   The report this year shows that counterfeit goods are a danger to different markets and emphasizes the role of customs authorities in stopping such products from illegally entering the EU. Customs authorities at EU borders detained nearly 36 million goods suspected of infringement with an estimated value of more than 760 million euros. Clothing (12%) and medicines (10%) are among the top categories of goods detained (see below).

Football trademark battle - Eagle Symbol of REAL infringes trademark rights

Post date: 
September 03, 2014
Categories: 
Community Trademark
Tags: 
DFB, EAGLE, liklihood of confusion, national symbol, REAL, Trademark
On 7 August 2014 the Regional Court of Munich (I) decided that REAL is not allowed to use symbols that look similar to the club logo of the German Football Association (Case No: 11 HKO O 10510/14). Introduction During the course of a legal dispute, it sometimes becomes necessary for a party to seek a temporary remedy in the form of an injunction. Interim injunctions are a separate, very quick court action prior to in parallel to a main court proceeding. They can be essential in circumstances where a party wishes to preserve the status quo until the dispute has been fully and finally resolved. Background of the Case and Subject Matter

GPTO: Annual Report 2013

Post date: 
August 29, 2014
Categories: 
Brand Value
Tags: 
Annual Report 2013, applications, Community Trademarks, Designs, DPMA, GPTO, Patents, Trademarks
Annual Report 2014 1The world’s fifth largest national Patent and Trademark Office (GPTO) contributes greatly to the protection of technical and industrial innovations in Germany. This protection is of upmost importance for companies. The GPTO grants, registers and administers the industrial property rights, e.g. patents, utility models, trademarks and designs in Germany. But, it also provides information to the public. Therefore, the GPTO has just published its annual report 2013, which includes information and statistics regarding all IP rights.     Patents

WIPO: Global Innovation Index 2014

Post date: 
August 27, 2014
Categories: 
Intellectual Property
Tags: 
2014, Cornell University, Global Innovation Index, Human Factor in Innovation, INSEAD, WIPO
Innovation Index1The World Intellectual Property Organization (WIPO), a specialized agency of the United Nations headquartered in Geneva, Switzerland, in conjunction with the Cornell University and the international business school INSEAD, have just published the Global Innovation Index (GII) Report, in its 7th edition this year. The report ranks 143 countries and economies around the world on the basis of 81 indicators. The theme of the Global Innovation Index 2014 is “The Human Factor in Innovation,” exploring the role of human capital in the innovation process and underlining the growing interest that firms and governments have shown in identifying and energizing creative individuals and teams. 1.Top 10 leaders

How to protect an EU Design – Guidelines in a Nutshell

Post date: 
August 13, 2014
Categories: 
Design Law
Tags: 
Community Designs, Designs, EU Design, Registered Designs, Unregistered Designs

Eu Design 1

Spirits and Wine Brands, Survey 2014

Post date: 
August 01, 2014
Categories: 
Brand Value
Tags: 
Brand Value, Brands, Spirits, Study, Top100, Wine
100 BildThe Power 100 is an annual research study produced by one of the world's leading independent brand valuation and strategy consultancy. The study monitors the power of the world's leading spirits and wine brands since nine years. Just recently the results of the study for the year 2014 were published.   Introduction From nearly 10,000 brands in the spirits and wine sectors the study determines the 100 most powerful spirits and wine brands in the world. The value of a brand is determined by a series of factors. A distinction is made between hard and soft measures.   Hard factors   -          Share of market: volume based measure of market share

Glamour vs. Glamour Tudor

Post date: 
July 30, 2014
Categories: 
Brand Value
Tags: 
Community Trademark, EGC, European General Court, GLAMOUR, Registration, Trademark, Tudor
The European General Court (EGC) decided that the trademark “GLAMOUR” cannot be registered as Community Trademark because there is likelihood of confusion to the older trademark “TUDOR GLAMOUR” (Case T-1/13 dated July 4, 2014). Introduction Likelihood of confusion is based on the risk that the average consumers could assume that the relevant goods and services derive from the same or connected companies. Therefore, various factors need to be taken into account. On the one hand side, the specific goods and services of the applied for mark and the earlier sign need to be evaluated. On the other hand, the script, sound and meaning of the two trademarks have to be compared. Background of the Case and Subject Matter

3D-Trademark Protection for layout of Apple Stores

Post date: 
July 13, 2014
Categories: 
German Patent and Trademark Office
Tags: 
Apple Stores, European Court of Justice, flagship stores, German Federal Patent Court, Preliminary Ruling, Trademark protection
The Court of Justice of the European Union (CJEU) has ruld that the layout of an Apple Store in general may be eligible to be registered as a trademark (Case C-421/13 dated 10 July 2014). Background of the Case and Subject Matter In 2010, Apple obtained from the United States Patent and Trademark Office (USPTO) the registration of a three-dimensional trademark consisting of the representation, by a design in color, of its so called “flagship stores” (see below) for retail store services featuring computers, computer software, computer peripherals, mobile phones, consumer electronics and related accessories and demonstrations of products relating thereto.

Nike and Apple – most counterfeited brands 2013

Post date: 
July 04, 2014
Categories: 
Product Piracy
Tags: 
Counterfeits, Illicit Trade Report, Product Piracy, WCO

AAAAaaaaThe World Customs Organization (WCO) published the Illicit Report 2013.It includes six chapters, each dedicated to one thematic area: Drugs, Revenue, Intellectual Property Rights, Environment, Security and the Customs Enforcement Network (CEN).