Region: European Union

TRUMP EU trademark remains ‘un-trumped’

The Cancellation Division of the EUIPO has dismissed a request for the revocation of the mark TRUMP, finding that the owner had proven genuine use for all the contested services in Class 43.

04 December 2023

INTERCRUISES v INCRUISES: Board of Appeal incorrectly held that evidence of use was unrelated to travel agency services

The General Court annulled the decision of the EUIPO Board of Appeal in these opposition proceedings, reiterating that the evidence of genuine use must be assessed as a whole.

01 December 2023

EUIPO Board of Appeal rejects motion mark for cheese

The Board of Appeal confirmed that the motion mark, which consisted of cutting an oval cheese with a knife and then assembling the pieces into a heart shape, lacked distinctiveness.

30 November 2023

General Court confirms reputation of MASTERS mark for golf tournaments

The court confirmed that the registration of I MASTER.GOLF in Classes 9, 38, 42 and 45 was likely to take unfair advantage of the reputation of the earlier mark MASTERS.

29 November 2023

Inditex v EUIPO, or the importance of filing new evidence with conversion request following revocation for non-use

The decision highlights that revocation actions and subsequent conversion proceedings are separate proceedings.

24 November 2023

Nivea saves its skin from risk of confusion

The assessment of the similarity between two marks cannot be limited to taking into consideration only one component of a composite mark and comparing it with another mark.

22 November 2023

Haribo gummy bear found to be distinctive for products other than confectionery

The EUIPO Board of Appeal concluded that the sign diverged sufficiently from the norm in the corresponding sectors for it to retain a minimum degree of distinctive character with respect to the goods.

16 November 2023

AI-generated replica likenesses under scrutiny; EU GI regulation published in Official Journal – legislation and policy watch (November 2023)

WTR’s monthly column tracks trademark and related policy developments, including the progress of major bills, from around the world.

15 November 2023

Tesla fails to establish earlier unregistered rights in GIGABIER

The case serves as a reminder that the mere announcement of a new product is not sufficient to prove unregistered trademark rights under Article 8(4) of Regulation 2017/1001.

14 November 2023

General Court confirms that ENDURANCE lacks distinctiveness

The decision examines the registrability of marks consisting of signs or indications that are also used as advertising slogans, indications of quality or incitements to purchase.

10 November 2023

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