Region: Europe

Debate on well-known trademark registry expected to be resolved soon

It is expected that the difference in approaches between the courts and the PTO will be abolished soon, thanks to an amendment to the relevant provisions of the legislation.

31 October 2022

SHOPIFY v SHOPPI: General Court considers relevant date for evidence of enhanced distinctiveness in relation to Brexit

In invalidity proceedings, evidence proving the enhanced distinctiveness of a trademark in one country may be considered only if, at the time of the decision by the EUIPO, the trademark rights were enforceable in that country.

28 October 2022

HCAPITAL v H/2 CAPITAL: new judgment from the General Court on likelihood of confusion

The court dismissed the argument that the EUIPO had failed to take into consideration the marks as respective wholes, but had instead removed some parts of the marks and ignored others.

27 October 2022

Striking the balance between consumer protection and IP rights

The Serbian IP Office currently takes a strong position on similar marks, disallowing letters of consent, even though the law is unclear on this point. This stance has created a challenging environment for trademark owners while providing little extra benefit for consumers.

27 October 2022

General Court confirms likelihood of confusion between signs due to common element ‘core’

The court agreed that the earlier mark CORE had an average degree of inherent distinctiveness for the non-English-speaking part of the relevant public due to its lack of descriptive meaning for the goods and services at issue.

26 October 2022

UK ‘Counterfeit Street’ to be bulldozed; Temu marketplace growing in US; DHL most imitated brand – news digest

In our latest round-up, we look at Barilla losing motion to dismiss class-action suit, Dubai Customs and US Embassy teaming up, and much more.

25 October 2022

Chocolate bunnies, feta cheese and more: five Legal Updates from Europe that you may have missed

Each quarter WTR runs a series of pieces presenting recent Legal Updates that you may have missed. We kick off our latest series by looking at takeaways from decisions recently handed down by the EU, Swiss and UK courts.

25 October 2022

Something’s got to give: IP industry must rethink workload expectations or risk losing talent

Most IP professionals are experiencing serious stress or anxiety, a new mental health report warns. Workplace initiatives to support employees are improving, but more needs to be done to tackle the problem at its roots.

24 October 2022

CJEU: EU trademark courts keep jurisdiction for counterclaims even if main action has been withdrawn

Unnecessary multiple proceedings entailing a risk of contradictory judgments will be avoided.

24 October 2022

Blow for Monster Energy as Board of Appeal confirms ex officio refusals of two marks

The Board of Appeal confirmed the ex officio refusal of two LIVE+ IGNITE marks for Class 32 goods, filed by Monster Energy Company, on the basis of an earlier registration for IGNITE in the name of Energy Brands Inc.

21 October 2022

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