Thursday, 08 June 2023
JPO Appeal Board rejects registration of Hermès packaging colours
The board found that the market research submitted by Hermès was insufficient to prove that its colour mark had acquired distinctiveness through use.
PTO issues important decision on distinctiveness of trademarks consisting of device element and descriptive words
The decision sheds light on the criteria to be applied to the examination of composite trademarks.
Wednesday, 07 June 2023
EUIPO Board of Appeal confirms refusal of mark consisting of sequence of numbers
The Board of Appeal upheld the refusal to register a figurative mark consisting of the numbers 0 to 23 arranged on three lines, filed by French luxury fashion house MARGIELA.
Opposition against registration of MÁNUKA HONEY succeeds
This decision may be relevant for IP lawyers interested in the protection and recognition afforded to the rights of indigenous people in any country.
Tuesday, 06 June 2023
Success for Glaxo’s 3D mark for purple asthma inhaler
Glaxo has prevailed on appeal in these long-running invalidity proceedings, with the General Court annulling a EUIPO decision invalidating Glaxo’s 3D mark for the shape of an inhaler.
Elevate the $: geographic isolation helps defeat trademark infringement claim
Five instances of confusion were found to be de minimis and thus insufficient to weigh in favour of a likelihood of confusion.
Monday, 05 June 2023
Animation video eligible to be registered as multimedia mark
The decision is expected to pave the way for more animation videos to be registered as trademarks.
Confusion is possible between similar trademarks applied to prescription-only medicines
Confusion may still occur where similar marks are applied to pharmaceutical products prescribed by doctors and dispensed by pharmacists.
Friday, 02 June 2023
Good news for Aldi as General Court dismisses appeal in REGENT case
Discount supermarket chain Aldi has succeeded in its attempt to prevent the registration of BISTRO RÉGENT based on its earlier mark REGENT, both covering “wine” in Class 33.
Supreme Court sets limits to ‘freedom to operate’ defence in design cases
Relying on the ‘freedom to operate’ defence based on a prior unprotected design is not possible if the owner of the asserted design successfully claims an exception to loss of novelty over the earlier-disclosed design.
Thursday, 01 June 2023
General Court dismisses (another) halloumi trademark appeal
The court has dealt yet another blow to the Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi, confirming that there was no likelihood of confusion between GRILLOUMI and HALLOUMI.
Jimmy Choo unsuccessful in opposition against CHUU
The Japan Patent Office found that the mark CHOO had not acquired a certain degree of recognition as a source indicator of Jimmy Choo among the relevant consumers.
Wednesday, 31 May 2023
IPEC upholds passing-off claim in anti-aging skincare product case
This decision is noteworthy as it is a successful pure passing-off case, when often a ruling on passing off follows a finding of trademark infringement.
Weeded out: mark for drug paraphernalia described as “essential oil dispenser” refused registration
The TTAB upheld the refusal to register a mark for an “essential oil dispenser” based on extrinsic evidence that the dispenser was primarily used with cannabis extract.
Tuesday, 30 May 2023
General Court dismisses halloumi trademark appeal
In another blow to the Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi, the General Court has confirmed that there was no likelihood of confusion between BBQLOUMI and HALLOUMI.
Draft trademark bill introduces letters of consent
The draft amendment will be welcomed by IP owners and practitioners, who have long been calling for the introduction of a system allowing for the submission of letters of consent.
Friday, 26 May 2023
MAC MAKE-UP ART COSMETICS v MCCOSMETICS: procedural missteps and wide-reaching reputation
This decision of the General Court makes a comprehensive assessment of the cumulative conditions that must be met for Article 8(5) to apply.
Respondent cruises to victory under UDRP
Trademark owners involved in parallel proceedings would be well advised to wait until such proceedings have been determined before considering filing a UDRP complaint.
Thursday, 25 May 2023
Using Thailand’s new decree on technology crimes to tackle IP infringement
The decree will help to unmask infringers by making stakeholders responsible for disclosing personal information about suspicious accounts and transactions.
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