UPDATE: October 2024 – Intellectual Property (IP) Crime in Europe, joint report by EUIPO and EUROPOL

Post date: 
November 18, 2024
Categories: 
EUIPO, Product Piracy, IP Rights, Intellectual Property Law, Counterfeiting, Intellectual Property
Tags: 
#EUIPO, #EUROPOL, #IP Crime, #Counterfeiting

Christmas is only a few weeks away! Now is the time for including gifts for your loved ones to your shopping lists. But as you browse through busy stores or infinite lists of products online looking for bargains, do not let the sweet vapours of mulled wine dull your senses. As the EUIPO and EUROPOL recently highlighted in a joint report published on 23 October 2024 on the ecosystem of Intellectual Property (IP) crime, counterfeit goods keep finding their way to our shelves and represent a staggering 5.8% of EU trade. The report sheds light on how much IP crime remains a threat to European consumers, how it is enabled, and how its impact could be mitigated.

Read more about UPDATE: October 2024 – Intellectual Property (IP) Crime in Europe, joint report by EUIPO and EUROPOL

Pirelli's tire groove remains registered as an EU Trademark

Post date: 
June 18, 2021
Categories: 
ECJ - European Court of Justice, EUIPO, European Intellectual Property Office, European Union Trademark, The Court of Justice of the European Union, Trademarks
Tags: 
European Court of Justice, European General Court, figurative marks

After almost 10 years, the dispute over the PIRELLI figurative trademark comes to an end with a ruling by the European Court of Justice (ECJ) on 3 June 2021. The European General Court (EGC) previously ruled that the sign is protectable as a trademark because it does not depict a technical effect of the protected product. This ruling has now been confirmed by the ECJ.

(EUTM No. 002319176; Owner: PIRELLI TYRE S.p.A.)

A backpack shape as a 3D trademark – a BoA decision of the EUIPO

Post date: 
June 04, 2021
Tags: 
EUIPO, Board of Appeal, 3D Mark

I. General aspects relating to 3D/shape marks

The 3D trademark is a figurative trademark in which the three-dimensional design or shape of a trademark is protected. This can be the packaging or shape of a product.

As with other forms of trademarks, it is particularly important that the mark must be distinctive. No prerequisite for 3D trademark protection is – contrary to design law – the novelty and uniqueness of the aesthetic design of a consumer product.  If the respective requirements are met, a product design can be protected as a design and at the same time as a three-dimensional trademark, since the respective protection fulfils different functions.

EUTM No. 011711496 owned by Fenix Outdoor AB

„Bavaria Weed“ - A Trademark Application Contrary to Public Order?!

Post date: 
May 25, 2021
Categories: 
EUIPO, European Union Trademark, European General Court, Decisions
Tags: 
BavariaWeed, Trademarks, EUIPO, European General Court, EGC, Intellectual Property

When hearing about the „BavariaWeed“ decision of the European General Court (Decision of 12 May 2021, T-178/20 – currently only available in German and French) for the first time, one‘s initial reaction might be to say „I thought we were over that.“ However, when you take a closer look at the reasoning and take into account that the mark had been filed with the European Union Intellectual Property Office (EUIPO), asking for trademark protection in all – back then 28 – EU Member States, it becomes obvious that it is not that easy… And, even if the EUIPO does not want to register the mark – guess what?!

Chatbot BenBot - Terms and Conditions of Use

Post date: 
May 15, 2021
Categories: 
Brand, EUIPO, European Intellectual Property Office, European Union Trademark
Tags: 
chatbot, BenBot

Terms and Conditions of the Use of the Chatbot “BenBot” - Status: 15 May 2021

Preamble

These Terms and Conditions of the use of the Chatbot “BenBot” (hereinafter: the Chatbot Terms and Conditions) apply to all services offered via the mobile app “BenBot” by LexDellmeier Intellectual Property Law Firm, Nymphenburger Str. 23, 80335 Munich, Germany, Tel: 089 - 55 87 987 0 - Central Email:

A new legal EU framework regulating Artificial Intelligence

Post date: 
May 07, 2021
Tags: 
#technology, Artificial Intelligence, European Commission

On April 21, 2021, the European Commission published a draft bill on dealing with Artificial Intelligence (AI). This is intended to set a global standard for the use of these technologies as the world's first legal framework for AI. If not implemented properly, the EU could be put at an international disadvantage and innovation by SMEs and start-ups could be hampered, or the use of AI could threaten fundamental rights.

Source: Shutterstock; 1204602874

On New Types of Trademarks -- EU Common Practice CP11 recently published

Post date: 
May 05, 2021
Categories: 
EUIPO, Procedural rules, Trademark Law

Recently, in April 2021, the Intellectual Property Offices of the EU Intellectual Property Network (EUIPN) published a new Common Practice (CP11). It aims at providing guidance regarding the examination of formal requirements and grounds for refusal and/or invalidity of new types of trademarks like sound, motion, multimedia and hologram marks. By publishing this new Common Practice, it is hoped to increase transparency, predictability and legal certainty for both, examiners and users alike.

(For further information on the network see: https://www.tmdn.org/)

Webinar 4: "Markenrecht 1x1" am 28. April 2021 (Folien)

Post date: 
April 30, 2021
Categories: 
Seminar, Trademark Law, Trademarks, IP Rights, Intellectual Property Law
Tags: 
webinar, Markenrecht, Markenrecht 1 x 1

Am 28. April 2021 hat die Kanzlei LexDellmeier ihr Webinar 4 zum Thema "Markenrecht 1x1" gehalten. Während des ca. 60-minütigen Webinars haben Rechtsanwältin Alexandra Dellmeier, Rechtsanwältin F. Andrea Breier und Rechtsanwältin Karolin Schech eine Einführung in IP Recht gegeben.

LexDellmeier supports World Intellectual Property Day on 26 April 2021

Post date: 
April 20, 2021
Categories: 
Trademark Law, Trademarks, IP Rights, Intellectual Property Law, Intellectual Property, WIPO
Tags: 
WorldIPDay, WIPO, World Intellectual Property Day

On April 26, we celebrate the World Intellectual Property Day (WIPD), as we do every year. The focus will lie on the crucial role that intellectual property plays in encouraging creativity and innovation. For this year's motto "IP & SMEs: Taking your ideas to market", LexDellmeier is launching the monthly "Start-up and Founders' Hour".

Color Marks – ECJ sets out details on 24 March 2021

Post date: 
April 12, 2021
Categories: 
ECJ - European Court of Justice, European Intellectual Property Office, European Union Trademark, The Court of Justice of the European Union, Trademark Law, Intellectual Property Law, Community Trademark, Intellectual Property
Tags: 
color combination trademark, Color mark, ECJ, ECJ Decision

Webinar 3: Presentation and Slides - IP for Start-Ups – IP rights, computer-implemented inventions & AI on 17 March 2021

Post date: 
March 17, 2021
Categories: 
Patent Law, Seminar, Trademark Law, IP Rights, Intellectual Property Law, Copyright Law, Design Law, Events
Tags: 
Artificial Intelligence, webinar, IP Rights, computer-implemented inventions

On 17 March 2021, at 18:00 – 19.30 (CET), LexDellmeier - in cooperation with Reich IP - hosted its Webinar 3 of the 2021 webinar series with the topic: “IP for Start-Ups: IP rights, computer-implemented inventions & artificial intelligence”! During the approx. 90 minutes webinar, Attorney at Law / Certified IP Attorney (Germany) Alexandra Dellmeier and Patent Attorney Dr. Jochen Reich provided participants on information Start-ups need to know, such as introduction to IP rights including trademarks, designs copyrights, computer-implemented inventions and artificial intelligence.