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The forthcoming CJEU definition of the ‘visibility criterion’ by German courts could have significant implications for the relevance of characteristic design features not visible during normal/intended use in EU design infringement cases.
13 January 2022
The following are enforceable in Germany: German trademarks, EU trademarks, German trademarks based on international registrations, names and non-registered trade designations. German trademarks are governed by the Trademark Act, which implements the EU Trademark Directive (89/104/EEC) and the Regulation on Trademark-Related Administrative Proceedings.
27 December 2021
The German Federal Court of Justice has recently clarified that trademark owners bear the burden of proving the public recognition of a trademark within the relevant trade circles in both cancellation and trademark application proceedings.
01 December 2021
The German Federal Supreme Court has handed down three parallel decisions on social-media influencers using their Instagram pages to advertise third-party products. The decisions are likely to be applicable even after issue-related amendments to the Unfair Competition Act come into force in May 2022.
18 November 2021
In our latest round-up, we look at Montenegro expanding its TMclass participation, KIPO seeing a significant increase in covid marks, and much more.
15 October 2021
While this year’s Oktoberfest has again been cancelled due to the still ongoing global pandemic, we take a deep dive into how it is managed from a trademark perspective, including the protection of beer as a protected geographical indication.
30 September 2021
An appeals court has upheld that a German toy brand, Steiff, did not have its famous bear mark infringed upon by competitors, as the alleged infringing goods did not “use [the bear] as a trademark” – evidence of alleged reputation provided by the plaintiff was rejected as insufficient.
23 September 2021
In our latest round-up, we look at how verification sticker labels are reducing counterfeit seed cases in Kenya, Nodwin Gaming acquiring an IP portfolio, and much more.
21 September 2021
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