Region: European Union

General Court rules on complementarity between goods in Classes 3 and 5

While the goods covered by the mark applied for in Class 3 differed from those covered by the earlier mark in Class 5 due to the latter’s therapeutic indication, they shared the same objective and were likely to incorporate the same ingredients.

27 May 2022

General Court confirms that mark consisting of cross on side of sports shoe is distinctive

The case highlights that nothing prevents a distinctive sign from also serving other purposes, in particular decorative purposes.

25 May 2022

General Court overturns Board of Appeal decision in TAXMAN v TAXMARC case

The Board of Appeal of the EUIPO committed a manifest error of assessment in rejecting PricewaterhouseCoopers Belastingadviseurs NV’s request for a suspension of proceedings.

20 May 2022

SMARTTHINQ v SMARTTHING, or the importance of word elements in disputes involving figurative trademarks

The decision confirms the factors to be taken into consideration in comparing figurative marks containing word elements.

19 May 2022

AMSTERDAM POPPERS: when a city’s notoriety renders a trademark descriptive

The decision serves as a reminder of the criteria for the assessment of descriptive character, especially when a sign contains a geographical designation.

16 May 2022

Brand owners eye outcome of challenge to new monitoring provisions on service providers over copyright content

The decision is likely to have an impact on brands’ procedures for communications with service providers.

12 May 2022

New CITMA president lays out priorities for term

Rights of representation, policymaking, litigation and diversity are all high on the agenda for the new Chartered Institute of Trademark Attorneys president, Rachel Wilkinson-Duffy.

11 May 2022

Possible good news for trademark owners on WHOIS data

The European Union is nearing approval of stronger requirements for domain name registration data that would allow trademark owners to better track down those behind fraudulent websites.

11 May 2022

General Court confirms that QUEST 9 is similar to QUEX

The court found that the applicant could not criticise the Board of Appeal for finding that “medical biofeedback apparatus and instruments” were aimed both at professionals and at the general public.

10 May 2022

General Court considers issue of ownership of prior rights

The General Court upheld a EUIPO decision dismissing an opposition on the ground that the opponent had failed to demonstrate that it was the owner of the prior rights on which the opposition was based.

06 May 2022

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