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Legal updates

11 Feb 2016

Federal Court weighs in on discretionary power to cancel trademark registration

Australia - In a recent case the Federal Court of Australia considered and dealt with submissions concerning the proper exercise of the court’s discretionary power to cancel the registration of a trademark under Section 88 of the Trademarks Act 1995 (Cth). Read update

11 Feb 2016

GrillSeason succeeds on appeal following refusal of GRILLCUBE

Estonia - The Board of Appeal has overturned an Estonian Patent Office decision finding that the mark GRILLCUBE was descriptive and lacked distinctive character. The Board of Appeal found that for a refusal, the meaning of the mark should describe some essential characteristics of the goods. Read update

10 Feb 2016

Complaint for three-letter domain fails

International - A recent UDRP decision highlights that the omission of evidence will not be viewed lightly and could lead to a finding of reverse domain name hijacking, even if the respondent does not actually request this. It further demonstrates that it may also be extremely difficult to prove that a respondent was targeting a particular trademark owner when a domain name is very short. Read update

10 Feb 2016

No break for Nestlé as high threshold is confirmed for proving acquired distinctiveness

United Kingdom - In Nestlé v Cadbury the High Court dismissed Nestlé’s appeal against the registrar of trademarks’ refusal to register the shape of a Kit Kat chocolate bar following an analysis of the European Court of Justice ruling on the applicable test for proving acquired distinctiveness. Read update

08 Feb 2016

No life in appeal of VITA+VERDE application before General Court

European Union - A recent General Court ruling which upheld a decision of the Office for Harmonisation in the Internal Market’s Second Board of Appeal to refuse registration of the mark VITA+VERDE reinforces a number of existing principles in relation to the assessment of a likelihood of confusion. Read update

08 Feb 2016

TODO BIEN mark not distinctive, but does not take unfair advantage of Valderrama’s reputation

Colombia - Famous Colombian football player Carlos ‘el Pibe’ Valderrama filed an opposition against the application to register the trademark TODO BIEN for “Soft drinks and energizing drinks” in Class 32. Read update


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Issue 59