Olivares’ TM

Legal updates

02 Oct 2015

General Court refuses to re-register mark based on lack of distinctiveness

European Union - In Reed Exhibitions Ltd v OHIM, the General Court has rejected an application for INFOSECURITY, even though the applicant had registered a variation as a CTM in 2002 for the same goods/services. Among other things, the court held that the registrability of a sign as a CTM must be assessed solely on the basis of the Community Trademark Regulation, and that “no person may rely to his advantage on an unlawful act committed in another procedure”. Read update

02 Oct 2015

Federal Circuit: 30 years of use not enough to prove acquired distinctiveness if evidence is insufficient

United States - In In re Louisiana Fish Fry Products Ltd, the US Court of Appeals for the Federal Circuit has affirmed the TTAB’s decision to deny registration of the mark LOUISIANA FISH FRY PRODUCTS BRING THE TASTE OF LOUISIANA HOME!. Among other things, the court found that 30 years’ use of 'Louisiana fish fry products' and multiple registrations including that phrase did not show that the phrase 'fish fry products' alone had acquired distinctiveness. Read update

02 Oct 2015

Amendments to Law on Trademarks come into force

Kosovo - Amendments to the Law on Trademarks, which aim to bring Kosovo's IP legislation into line with EU legislation, have entered into force. Among other things, the amendments provide for a subjective deadline within which a party may request the reinstatement of its rights, and introduce changes to remedies available in case of trademark infringement. Read update

01 Oct 2015

Federal Supreme Court substantiates relation between word marks and 3D marks

Germany - The Federal Supreme Court has held that there was no likelihood of confusion between the 3D shape of Lindt’s gold-wrapped chocolate bear and the word mark GOLDBÄREN ('gold bears'), which protects Haribo’s well-known fruit gums. The court also held that Lindt’s chocolate bear did not constitute an unfair imitation of the GOLDBÄREN fruit gums. Read update

01 Oct 2015

Taylor Swift successfully prevents registration of mark identical to her name

China - In opposition proceedings filed by famous US singer Taylor Swift against the registration of the mark TAYLOR SWIFT in Class 25, the TRAB has held that the evidence proved that Taylor Swift had a high reputation in music circles before the application date of the opposed mark, and that the registration and use of the opposed mark infringed Taylor Swift’s name rights. Read update

01 Oct 2015

MARSEL marks found not to be geographically deceptive

Lithuania - The Appeals Division of the Lithuanian State Patent Bureau has dismissed oppositions against the trademarks MARSEL and MARSEL ORIGINAL for goods in Class 33 on the grounds that the interested person had not established that its rights or interests were being infringed. The Appeals Division also dismissed the argument that the marks might mislead the public as to the geographical origin of the goods (in Lithuanian, Marselis designates the French city of Marseille). Read update


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Issue 57