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02 October 2018

Anticipate your divorce: General Court considers correct time period for appreciation of risk of confusion

In Gugler v EUIPO, the EU General Court has held that the economic link between the parties on the date on which the application for registration of the contested mark was filed precluded a finding of likelihood of confusion.

27 September 2018

Parallel imports: when a name change is a game changer

The Administrative Court of Lazio in Italy has issued an important decision concerning the parallel importation of medicinal products which are placed on the market in the European Union under different trademarks.

25 September 2018

Federal Administrative Court: no likelihood of confusion between IMPERIAL marks

The Swiss Federal Administrative Court has agreed with the Federal Institute of Intellectual Property that there was no likelihood of confusion between the marks IMPERIAL and TIERRA IMPERIAL in Class 33.

21 September 2018

Success for Apple as General Court finds certain degree of similarity between APO and APPLE marks

In a victory for Apple Inc, the EU General Court has annulled a decision of the Fourth Board of Appeal of the EUIPO in which the latter had found that the figurative mark APO was not similar to Apple’s earlier marks.

20 September 2018

Bad news for tourism and souvenir industry as CJEU rules that castle name can be registered as trademark

In a ruling that sits uncomfortably with its earlier decision in Windsurfing Chiemsee, the Court of Justice of the European Union has rejected the notion that the name of a famous Bavarian castle could serve as a geographic indication for the relevant goods/services. 

13 September 2018

<em>Massimo Osti v Global Design</em>: should a claim be issued in the IPEC or the High Court?  

The decision in Massimo Osti v Global Design shows that the choice of bringing a case in the Intellectual Property Enterprise Court or the High Court of England and Wales is not always within the control of the claimant.

12 September 2018

Trademark procedures and strategies: Poland

Unregistered marks benefit from the same protection as registered ones if they are commonly known within Poland. 

12 September 2018

Trademark procedures and strategies: Greece

In order to obtain protection, an unregistered sign must have distinctive character and must have been used in commerce. No specific statutory conditions outline the extent and type of use that will satisfy these criteria.

12 September 2018

Trademark procedures and strategies: Benelux

The Benelux Convention does not provide for protection of unregistered trademarks, the only exception being the protection of well-known marks as prescribed by the Paris Convention.

12 September 2018

Trademark procedures and strategies: Italy

Italy has a first-to-file system, therefore unregistered trademarks enjoy a lesser degree of protection than registered trademarks. Only in exceptional circumstances can an unregistered trademark prevail over a later registered trademark.

12 September 2018

Trademark procedures and strategies: Germany

Commercial designations are protected against newer identical or confusingly similar trade designations and trademarks once they are first used in Germany, but details of this protection can be complex.

12 September 2018

Trademark procedures and strategies: France

Any natural person or legal entity can apply for a French trademark before the French Institut National de la Propriété Industrielle (INPI). The application can be filed by the owner itself or its representative.

10 September 2018

<strong>Supreme Court ends long-running debate: grace period from Association Agreement directly applicable in Ukraine</strong>

Ukraine’s Supreme Court has upheld decisions of the lower courts finding that the EU-Ukraine Association Agreement - which provides for a five-year non-use grace period, as opposed to three years under the national law - applied with direct effect.

10 September 2018

<strong>Victory for mark owners as CJEU rules that they can prevent de-branding of imported goods </strong>

In Mitsubishi Shoji Kaisha Ltd v Duma Forklifts NV, the Court of Justice of the European Union has considered the issue of de-branding and re-branding of goods imported into the European Union.

05 September 2018

<strong><em>Frank Industries v Nike</em></strong><strong>: IPEC takes modern approach to assessment of consumer perception </strong>

In Frank Industries Pty Ltd v Nike Retail BV, the Intellectual Property Enterprise Court in London has found that Nike had infringed Frank Industries' trademark registrations for LNDR by using the sign LDNR in an advertising campaign.