Region: European Union

Mercedes star pattern mark rejected by General Court

In a blow to Daimler AG, the General Court has confirmed that a figurative mark consisting of a pattern of white, three-pronged stars on a black background was devoid of distinctive character.

26 April 2022

SO… distinctive? General Court deals blow to L’Oréal in opposition proceedings

A key aspect of the decision was the reasoning used isolate the distinctive and dominant element of the signs in order to conclude that there was a likelihood of confusion.

22 April 2022

General Court highlights proximity between goods in Classes 32 and 33

As a large number of non-alcoholic beverages in Class 32 and alcoholic beverages in Class 33 are generally consumed or marketed together, there was a proximity between those types of goods.

20 April 2022

General Court confirms that LG Electronics’ AION trademark is not confusingly similar to Ionfarma’s earlier trademarks

The decision of the General Court provides a primer on how to assess the similarity of goods.

12 April 2022

Board of Appeal provides further guidance on rules surrounding trademark system abuse

The case is significant as it further develops the conditions established in SANDRA PABST, which took a strong stance against Michael Gleissner’s abusive practices.

08 April 2022

DELTATIC v DELTA: trademarks can evolve and conserve their distinctive character

The decision considers the criteria to take into account in assessing whether there has been any alteration in the distinctive character of a mark due to its use as a figurative sign, or pursuant to the addition of word elements.

06 April 2022

CJEU rules that German non-use revocation procedure is contrary to EU law

The CJEU reiterated that, pursuant to Ferrari, the burden of proof in a revocation for non-use application lies with the registered proprietor.

05 April 2022

General Court issues second decision in long-running design dispute

The General Court confirmed that the design at issue, which represented an item of furniture, lacked individual character.

04 April 2022

Top representative filers: The EUIPO

Featured in WTR Special Report Q1 2022: Inside trademark law firm operations

The list of top 50 representative filers at the EUIPO in 2021 includes a number of well-known firms that are mainstays of rankings tables.

04 April 2022

APE TEES: oppositions, non-registered rights and Brexit

The case demonstrates that prior UK rights may still be relevant in opposition proceedings for some time after Brexit.

30 March 2022

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