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26 February 2020

General Court maintains strict approach to assessment of distinctive character

In Hickies Inc v EUIPO, the General Court has confirmed that a 3D trademark consisting of the shape of a shoelace was devoid of any distinctive character for goods in Class 26.

25 February 2020

General Court confirms that EUIPO may accept supplementary evidence of use filed belatedly

In opposition proceedings involving the marks TC TOURING CLUB and TOURING CLUB ITALIANO, the General Court has considered the discretion of the Board of Appeal of the EUIPO to allow additional evidence of use submitted for the first time before it.

18 February 2020

General Court confirms genuine use of The Guide Association’s BROWNIE and BROWNIES marks

The decision of the EU General Court in Grupo Textil Brownie SL v EUIPO highlights many of the key principles governing the assessment of the evidence of use of an earlier mark.

07 February 2020

OK BOOMER trademark refusal; WIPO leadership battle intensifies; EUIPO green stats – news digest 

In our latest round-up, we look at the debate over the Washington Redskins name being reignited, a wooden box that could ‘solve the counterfeit sneaker crisis’, a new version of DesignView being launched, and much more. 

30 January 2020

Rotkäppchen-Mumm successfully defends its MM and MUMM marks

In Vins el Cep v EUIPO, the EU General Court has confirmed that there was a likelihood of confusion between the figurative trademark MIM NATURA and the earlier word marks MM and MUMM for Class 33 goods.

29 January 2020

<em>Sky v SkyKick</em>: “sigh of relief” or “sting in the tail”? Legal experts react to CJEU’s long-awaited decision

The Court of Justice of the European Union has handed down its long-awaited decision in Sky v Skykick. WTR speaks with multiple industry experts to get their take on this important decision.

27 January 2020

Blow for JTI as application for figurative IJTI mark is upheld as valid

In Japan Tobacco Inc v EUIPO, the EU General Court has confirmed that there was no likelihood of confusion between IJ Tobacco Industry’s figurative mark IJTI and Japan Tobacco Inc’s earlier figurative mark JTI.

23 January 2020

Blow for Nestlé as General Court finds that it failed to establish reputation of its ONE mark

In Amigüitos pets & life v EUIPO, the General Court has scored one for the little guy against big hitter Nestlé.

23 January 2020

A third of companies admit uncertainty over post-Brexit trademark strategy

A new study has revealed that a third of UK and European businesses remain uncertain of what their trademark registration strategy will be after the UK leaves the European Union.

21 January 2020

<em>Sony v</em> <em>EUIPO</em>: when “annulment” really means “annulment”

The EU General Court has annulled a decision of the Fourth Board of Appeal of the EUIPO in revocation proceedings involving Sony’s mark VITA, as the board had failed to fulfil its obligation to hand down a fresh decision on all the relevant issues.

20 January 2020

Rocketeer prepares for take-off: exclusive first look at Simmons & Simmons’ AI-driven conflict prediction tool

Simmons & Simmons has developed an innovative AI-driven tool which predicts the outcome of EU trademark conflicts to 93% accuracy. WTR sat down with its project lead to discuss how AI could change trademark practice.

17 January 2020

Is RING distinctive for doorbells and motion sensors?

In a blow to Amazon Technologies Inc, the EU General Court has confirmed that the figurative mark RING was descriptive in relation to doorbells, motion sensors and monitoring equipment.

15 January 2020

General Court confirms lack of likelihood of confusion between CRYSTAL and CRISTAL

In Super bock group v EUIPO, the EU General Court has confirmed that there was no likelihood of confusion between the mark CRYSTAL for non-alcoholic beverages and foodstuffs in Class 30 and the earlier Portuguese mark CRISTAL for beer in Class 32.

10 January 2020

CANNABIS decision: coffee and (space) cakes at the General Court

In Conte v EUIPO, the EU General Court has confirmed that the mark CANNABIS STORE AMSTERDAM was contrary to public policy or to accepted principles of morality under Article 7(1)(f) of EU Regulation 2017/1001.

08 January 2020

CJEU finds genuine use of EU collective mark for packaging waste system

In Der Grüne Punkt – Duales System Deutschland GmbH v EUIPO, the Court of Justice of the European Union has given guidance on the genuine use of collective marks, setting aside the judgment of the General Court.