Law: Regulation (EU) 2017/1001 - EU Trademark Regulation

Social media: simple communication or real evidence of use?

The presence of an earlier mark on social media is capable of constituting a relevant factor in the assessment of genuine use.

23 February 2024

OLYMPUS: a mountain, the residence of the gods and a distinctive trademark?

While a significant part of the relevant public would understand ‘Olympus’ as referring to Mount Olympus in Greece, that term had no meaning in relation to the goods in question and was thus distinctive.

22 February 2024

Polaroid figurative mark: when are geometric figures distinctive?

The decision represents another contribution to the case law regarding the threshold of distinctive character for figurative trademarks.

21 February 2024

Specialist chapter: Crucial Considerations for Brand Owners Contemplating Legal Action in Spain

Featured in The Trademark Litigation Review 2024

Initiating legal action in Spain, or any other jurisdiction, is a significant step for brand owners. Before taking such action, it is crucial to consider various factors and ask some key questions to ensure that the legal process aligns with your brand protection and enforcement goals.

13 February 2024

CJEU: no ‘repair’ clause in EU trademark law

The so-called ‘repair’ clause, such as that existing in design law under Regulation 6/2002, was not provided for by the EU legislature in Regulation 2017/1001.

09 February 2024

General Court rebukes Board of Appeal in LABKABLE opposition

The court rejected the board’s core argument that the conceptual differences between the signs at issue were sufficient to offset their aural and visual similarities.

06 February 2024

Court of Appeal confirms Samsung's liability for offering third-party infringing apps on its app store

It is unlikely that intermediary service providers who are actively involved in testing, reviewing and controlling the products offered on their platforms will be able to rely on the Article 14 defence.

02 February 2024

CJEU considers burden of proving exhaustion of rights conferred by EUTMs

The CJEU confirmed that, when a party invokes the exhaustion of trademark rights, the burden of proof may not necessarily be borne exclusively by the defendant.

31 January 2024

General Court scrutinises complementarity of Class 33 goods and Class 35 services

The decision examines the criteria for assessing the similarity between goods and services, providing clarity on a widely-debated issue.

25 January 2024

EUIPO: ‘iconic’ Prada triangle pattern is basic and commonplace

While Prada claimed that the pattern was ‘iconic’, it did not rely on the acquired distinctiveness of the sign - meaning that the EUIPO assessed only its inherent distinctiveness.

23 January 2024

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