Legal updates

05 Mar 2015

Extension of time in revocation actions: OHIM may make it conditional on other party's consent

European Union - In Husky CZ sro v OHIM, the General Court has considered aspects of OHIM procedure and practice in the context of an application for revocation of the mark HUSKY. Among other things, the court held that Rule 71(2) of the Implementation Regulation should be read as saying that OHIM “may subject the extension of a period to the agreement of the other parties”. Read update

05 Mar 2015

Geographic location mark not always primarily geographically descriptive

United States - In In Re The Newbridge Cutlery Company, the US Court of Appeals for the Federal Circuit has reversed a TTAB decision, concluding that the trademark NEWBRIDGE HOME was not primarily geographically descriptive of the goods because the location of the source of goods - namely Newbridge, Ireland - was not a place generally known to the American public. Read update

05 Mar 2015

New episode in the 'vente-privee.com' saga

France - The Lyons First Instance Tribunal has contributed to the current judicial debate on whether the mark consisting of the domain name ‘vente-privee.com’ (meaning ‘private sale’) could be considered well known for the purpose of French law. This comes after the Paris First Instance Tribunal issued two contradictory decisions on this very issue in 2013, leaving it to the Paris Court of Appeal to set the tone. Read update

04 Mar 2015

Trademark containing earlier mark and descriptive element refused registration

European Union - In Infocit - Prestação De Serviços, Comércio E Indústria Lda v OHIM, the General Court has upheld a decision of the Second Board of Appeal of OHIM finding that there was a likelihood of confusion between the trademark DINKOOL and the earlier mark DIN. Among other things the court held that the fact that a sign consists exclusively of an earlier trademark, to which another word has been added, is an indication that the two marks are similar. Read update

04 Mar 2015

Global energy company victorious in opposition against local competitor

Albania - The Appeal Board of the Albanian Patent and Trademark Office has upheld an opposition by global energy company Repsol SA, the owner of international registrations for REPSOL, against the registration of the mark REXOIL by a Turkish competitor. The board found that the marks covered identical goods and that there was a considerable degree of visual and phonetic similarity. Read update

04 Mar 2015

Trademark Bill prioritised by House of Representatives

Indonesia - The Indonesian House of Representatives has declared that 37 key bills would be prioritised for deliberation in 2015, including the Trademark and Patent Bills. The Trademark Bill is particularly significant, as it will include an introduction to non-traditional trademarks and the Madrid Protocol. Read update


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