NEW - International Comparative Legal Guide – Designs 2025

Post date: 
November 26, 2024
Categories: 
Design Law, FAQ
Tags: 
ICLG, Designs 2025

If you are looking for practical insights and intelligence on design law in different jurisdictions, the International Comparative Legal Guide published by glg Global Legal Group is a valuable source of information.

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Read more about NEW - International Comparative Legal Guide – Designs 2025

Summary of Changes in EU Trademark Law as from 23 March 2016

Post date: 
March 01, 2016
Categories: 
Uncategorized
Tags: 
EUIPO, New EU Trademark Law, European Union Trademark

As you might already be aware, the European trademark law and practice has been subject to some changes in recent months which may also affect your registered Community Trademark(s) or your International Registration(s) designating the EU. We would, therefore, like to provide our clients with a brief overview of the most important changes and point out where it might be appropriate to take action. The information contained in this letter is of general nature, but we are, of course, always available in case of questions and for further explanations. Should we, in addition, see any need for you to take specific actions regarding your own trademarks, we will contact you individually during the next weeks and inform you accordingly.

 

EGC: The shape of the crest of the FC Barcelona is not distinctive

Post date: 
February 29, 2016

The European General Court (EGC) decided that the sole shape of the crest of the FC Barcelona has no distinctive character neither itself or through use (Judgment dated 10 December 2015; Case No.: T-615/14).

Background of the Case and Subject Matter  

On 24 April 2013, Fútbol Club Barcelona (FC Barcelona) filed an application for registration of a Community Trademark (CTM) at the Office for Harmonization in the Internal Market (OHIM). The figurative mark in respect of which registration was sought is the shape of the crest of the FC Barcelona (see below) for – among others – stationery, clothing items and sports activities.

EGC: The shape of the new Coca-Cola bottle cannot be protected as a trademark

Post date: 
February 24, 2016
Categories: 
Brand
Tags: 
Coca Cola, Coca-Cola Bottle, three-dimensional trademarks, Trademarks
The European General Court (EGC) ruled that the shape of the new Coca-Cola bottle cannot be protected as a three-dimensional trademark because it is devoid of any distinctive character (Case T-411/14, Judgement of 24 February 2016). Background of the Case and Subject Matter In December 2011, the famous Coca-Cola Company Ltd filed an application for registration of a Community Trademark (CTM) at the Office for Harmonization in the Internal Market (OHIM) for the following three-dimensional mark for - inter alia – metallic, glass and plastic bottles:

BGH: Work title protection for smartphone apps

Post date: 
February 24, 2016
Categories: 
Decisions
Tags: 
Apps, BGH, IP work title protection, Work titles
The German Federal Court of Justice (BGH) ruled that smartphone apps can – in principal – be protected as work titles (Case I ZR 202/14, Judgement of 28 January 2016). Background of the Case and Subject Matter

World Intellectual Property Day- Digital Creativity: Culture Reimagined

Post date: 
February 16, 2016
Categories: 
Events
Tags: 
WIPO, World Intellectual Property Day
Every April 26 – the day on which the World Intellectual Property Office (WIPO) Convention came into force in 1970 – the World Intellectual Property Day is celebrated to promote discussions of the role of intellectual property in encouraging innovation and creativity. The WIPO’s member states designated this day with the aim of increasing the general understanding of intellectual property, including trademarks, copyrights, designs, patents, utility models etc. Each year, a special topic and focus is picked.

World Intellectual Property Indicators – 2015 Edition

Post date: 
February 10, 2016
Categories: 
Design Law
Tags: 
World Intellectual Property Indicators 2015

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Indicators 2015
The World Intellectual Property Organization (WIPO), a specialized agency of the United Nations headquartered in Geneva, Switzerland, has recently published the Global Innovation Index (GII) Report about the latest trends in intellectual property (IP) activity worldwide. Patent and Trademark filings showed a strong growth in 2014 while industrial design applications declined for the first time in two decades.

The London Taxi Company´s three-dimensional trademarks forming the exterior of their black cabs declared devoid of inherent distinctive character

Post date: 
February 09, 2016
Categories: 
Distinctiveness
Tags: 
Community Trademark, Intellectual Property, three-dimensional trademarks, Trademarks

In the recent and comprehensive decision from the Chancery Division of the High Court of Justice, England and Wales, Justice Arnold ruled that the Metrocab taxi is not infringing the London Taxi Company´s (LTC) three-dimensional United Kingdom Trademark (UKTM) and Community Trademark (CTM). On the contrary, the three-dimensional trademarks were found to be invalid as they both lack necessary distinctive character and consist exclusively of the shape which gives substantial value to the goods. The CTM was also found invalid due to non-use. (Case No: HC-2014-002085, Judgement of 20 January 2016)

INTA/DPMA mini-seminar held for TMAs in Munich, Germany on 28 January 2016

Post date: 
February 02, 2016
Categories: 
INTA IP Paralegal Roundtable
Tags: 
DPMA, INTA, Intellectual Property, IP Paralegal Roundtable, Paralegal
The TMA Committee has kicked-off the year 2016 with a fantastic event. On Thursday, 28 January 2016, a mini-seminar was organized by the International Trademark Association (INTA) and the German Patent and Trademark Office (DPMA) in Munich, Germany. The seminar was specially developed for Trademark Administrators (TMAs) and Paralegals in Germany.

NEW Fees for EU Trademarks as of 23 March 2016

Post date: 
February 02, 2016
Categories: 
Uncategorized

The fee system at the European Union Intellectual Property Office (EUIPO) will change from the fee system applied by OHIM - the "old" name of the office until 23 March 2016. The system will change from a basic fee that covers up to three classes of goods and services to a ‘pay-per-class' system.

EU: Significant changes to the trademark system

Post date: 
December 21, 2015
Categories: 
Community Trademark
Tags: 
Community Trademark, European Union, Trademark law
The EU trademark reform package was approved by the European Parliament on 15 December 2015. The amendments are expected to come into force in March/April 2016. The reform package brings changes to the Community Trademark Regulations (Council Regulation (EC) No 207/2009) and adopts a new Directive to approximate the laws of the Member States relating to trademarks. The reform is extensive; the new Directive consists of 57 articles whereas the old Directive only had 19 articles. Major changes are also made to the regulation: for example, the structure of the fees payable will be significantly changed.