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30 September 2019

CJEU: bad faith must be assessed at the time of filing of the trademark application

In Koton v EUIPO, which concerned the absolute ground for invalidity under Article 52(1)(b) of Regulation 207/2009, the Court of Justice of the European Union has set aside the General Court’s judgment on the ground that the latter had misread the decision in Lindt.

30 September 2019

Procedures and strategies for pharmaceutical brands: Germany

According to Section 10 of the Act on Advertising in the Field of Health, prescription-only medicinal products may be advertised only to doctors, dentists, veterinarians, pharmacists and persons authorised to trade in such medicinal products.

30 September 2019

Procedures and strategies for pharmaceutical brands: Greece

The draft new trademarks law, transposing EU Directive 2436/2015 into Greek law, is expected to be enacted by the end of 2019. It is anticipated to have a positive impact on pharmaceutical trademarks.

29 September 2019

Suspicious specimens headache continues; building the Batman brand; unauthorised Greta Thunberg and Extinction Rebellion applications; plus much more.

Everything we covered on WTR over the last seven days – and all you need to know from the world of trademarks to set yourself up for the start of another busy week.

27 September 2019

Despite concerns over the level of risk, litigation threat planning often omitted from IP strategies

New research has revealed that, while almost two-thirds of legal services buyers are concerned about being a defendant in IP litigation, a quarter of companies that have a specific IP strategy in place state that it does not deal with litigation threats.

27 September 2019

DC Comics’ day one appreciation of characters sets it up for sustained success

Age-old brands prove yet again to be a key asset as streaming wars heat up, but Batman is bigger than the digital era.

27 September 2019

Intellectual Property Office confirms distinctiveness of Crocs Inc's 3D mark

The Ecuadorian Intellectual Property Office has confirmed that Crocs Inc’s 3D mark for the shape of its famous footwear allows consumers to differentiate Crocs products from those of its competitors.

27 September 2019

INTA’s Brands Manifesto, Liverpool trademark blow, fighting scammers: news digest 

In our latest news digest, we look at INTA’s release of a Brands Manifesto, the Paraguay IP Office conducting another counterfeit crackdown, fee changes in New Zealand, and much more.

26 September 2019

OTTO v OTTO's: Federal Supreme Court partially upholds Swiss retailer's appeal

The Swiss Federal Supreme Court has recently considered a trademark and unfair competition dispute between two companies that owned trademarks containing the element ‘OTTO’.

26 September 2019

Unauthorised 'Greta Thunberg' and 'Extinction Rebellion' trademarks could pose a threat to climate change activists

Two major figures in the climate change activism movement, campaigner Greta Thunberg and protest movement Extinction Rebellion, are facing a legal battle in Germany due to unauthorised trademark applications.

26 September 2019

BMW's M and M CARS marks (re)confirmed as well known

The Appeals Committee of the Romanian State Office for Inventions and Trademarks has upheld BMW’s opposition against the registration of the mark M CAR TRADING for services in Classes 35 and 37 based on BMW’s earlier marks M and M CARS.

25 September 2019

Peruvian government challenges Chilean mark CUSQUEÑO SOUR as being misleading

The Peruvian government has declared that it would take the necessary legal steps to challenge the trademark registration for CUSQUEÑO SOUR, which covers alcoholic beverages in Class 33 and is registered by a Chilean company.

25 September 2019

Dental company’s indemnification claim “bites”

The US Court of Appeals for the First Circuit has affirmed the dismissal of a dental product manufacturer’s suit against its insurer, holding that the IP exclusion in the policy expressly excluded the trademark claims over which the insured sought coverage.  

24 September 2019

Managing Trademark Assets returns to London with more interactivity and deep dive discussions 

WTR is pleased to announce that, following the success of this year’s event, Managing Trademark Assets Europe will be returning to London on 28 January 2020.

24 September 2019

CLWB TROPICANA mark whammed by appointed person

The appointed person has dismissed an appeal against a successful opposition to an application for the CLWB TROPICANA logo mark for a range of Class 32 goods.