LESI 2015

Legal updates

27 Mar 2015

Revocation proceedings do not constitute proper reason for non-use

European Union - In Naazneen Investments Ltd v OHIM, the General Court has upheld a decision of the Second Board of Appeal of OHIM confirming that the mark SMART WATER should be revoked for non-use. Among other things, the court held that revocation proceedings brought against the mark by a third party in 2008 did not constitute a proper reason for non-use of the mark. Read update

27 Mar 2015

Bombay High Court: restaurant in "narrow lane" has international renown

India - In Kamath v Lime & Chilli Hospitality Services, the Bombay High Court has granted an interim injunction restraining Lime & Chilli Hospitality Services from using the mark CAFÉ MADRAS for its restaurant. Although the court described the plaintiffs’ Café Madras restaurant as an "unassuming eatery" in a "narrow lane" of Mumbai, it went on to hold that it was internationally renowned. Read update

27 Mar 2015

Supreme Court declines leave to appeal in ZOGGS case

New Zealand - In Zoggs International Limited v Sexwax Incorporated, the Supreme Court has declined leave to appeal a decision of the Court of Appeal, meaning the end of the road for Zoggs International Limited in its bid to register the mark ZOGGS for clothing. The application had been opposed by Sexwax Incorporated, the owner of the MR ZOGS SEX WAX mark, which was not registered in New Zealand. Read update

26 Mar 2015

IMPULSE case: no sweat as advocate general gives his view

European Union - Advocate General Wahl has given his opinion in Iron & Smith Kft v Unilever NV, a request for a preliminary ruling from the Budapest Municipal Court concerning the interpretation of Article 4(3) of the Trademarks Directive. In the underlying proceedings, Unilever - the owner of the Community word mark IMPULSE - had opposed an application to register a figurative sign featuring the words ‘be impulsive’ as a Hungarian trademark. Read update

26 Mar 2015

Offering of services without actual use does not qualify as use for basis of registration

United States - In Couture v Playdom Inc, in a precedential ruling, the Federal Circuit has held that the advertising or offering of a service, without actually providing the service, cannot constitute use in commerce sufficient to support a service mark registration. The ruling is consistent with decisions of the Second, Fourth and Eighth Circuits, which have similarly held that actual provision of services is required for use in commerce of a service mark. Read update

26 Mar 2015

H&M's COS mark not confusingly similar to Greek island of Kos

Switzerland - The Federal Administrative Court has overturned a decision of the Federal Institute of Intellectual Property refusing to register the mark COS in the name of H&M on the ground that the sign referred to the Greek island of Kos and would be deceptive if the goods did not originate from Greece. The decision is interesting as the courts usually examine trademarks as registered, but the court in this case examined the evidence of use submitted by H&M. Read update


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