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Legal updates

08 Oct 2015

General Court: 2GOOD for Class 30 goods is ordinary advertising slogan

European Union - In August Storck KG v OHIM, the General Court has upheld a decision of the First Board of Appeal of OHIM finding that the relevant consumers would perceive the word mark 2GOOD for Class 30 goods as a laudatory expression about those goods. Among other things, the court held that, as the goods at issue related to taste, the relevant consumers would regard the mark as describing the gustatory qualities of the goods. Read update

08 Oct 2015

Federal Circuit finds that 'paw print' trademarks can co-exist

United States - In Jack Wolfskin v New Millennium Sports, the US Court of Appeals for the Federal Circuit has reversed the TTAB’s decision on the issue of likelihood of confusion with regard to two parties’ paw print marks. The Federal Circuit found that the TTAB had not properly compared the parties’ marks as a whole and failed to give proper weight to “significant evidence” of paw prints appearing in third-party registrations in connection with clothing. Read update

08 Oct 2015

New trademark laws and fees now in place

British Virgin Islands - As of September 1 2015, the BVI has completely overhauled its trademarks regime, ending the previous dual system of trademark registration. Arguably, the most important change is that the laws unify the former dual application system into a single system. In addition, the BVI has instituted a new fee structure under the new laws. Trademark owners and practitioners accustomed to the prior fees, which were quite low, may be surprised by the increase. Read update

07 Oct 2015

Dell prevents registration of LEXDELL for certain goods and services

European Union - In Dellmeier v OHIM, the General Court has confirmed a decision of the Board of Appeal of OHIM upholding an opposition by Dell Inc, the owner of the mark DELL, against the registration of LEXDELL for certain goods and services in Classes 16, 25, 41 and 45 based on Articles 8(1)(b) and 8(5) of the Community Trademark Regulation. The decision highlights the strong protection conferred to trademarks with a reputation in the European Union. Read update

07 Oct 2015

Lafarge stops pre-emptive registration based on prior trade name

China - The Trademark Office has refused to register the trademarks LAFARGE (in Chinese characters) and LAFARGE (in Latin characters) for Class 3 goods based on Lafarge Société Anonyme’s prior trade name rights. Among other things, the Trademark Office held that the evidence provided by Lafarge proved that the trade name Lafarge, in Chinese and Latin characters, had a high reputation among the relevant consumers. Read update

07 Oct 2015

UDRP panel at odds on reverse domain name hijacking

International - In a recent decision under the UDRP, a WIPO three-member panel has denied the transfer of the domain name ‘modway.com’ to the owner of the trademark MODWAY, holding, among other things, that “a mere renewal of a domain name has not generally been treated as a new registration for the purpose of assessing bad faith”. However, the panellists dissented on the issue of reverse domain name hijacking. Read update


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Issue 57