The board found that the market research submitted by Hermès was insufficient to prove that its colour mark had acquired distinctiveness through use.

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.

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.

The decision is expected to pave the way for more animation videos to be registered as trademarks.

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.

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.

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.

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.

This decision of the General Court makes a comprehensive assessment of the cumulative conditions that must be met for Article 8(5) to apply.

The decree will help to unmask infringers by making stakeholders responsible for disclosing personal information about suspicious accounts and transactions.