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28 October 2019

Blow for Puma as General Court confirms likelihood of confusion between MG PUMA and GINMG in Class 33

The EU General Court has confirmed that there was a likelihood of confusion between Puma SE’s mark MG PUMA and Destilerias MG SL’s earlier mark GINMG for goods in Class 33.

24 October 2019

Is FITNESS descriptive? General Court considers implications of allowing new evidence regarding descriptiveness before boards of appeal

In Société des Produits Nestlé SA v EUIPO, the EU General Court has added to the case law concerning the admissibility of new evidence submitted for the first time before the boards of appeal.

24 October 2019

Legal uncertainty warning after court confirms cancellation of Rubik’s Cube EU trademark

The General Court has today confirmed the cancellation of the EU trademark consisting of the shape of the Rubik’s Cube, finding that the essential characteristics of the shape are necessary to obtain a technical result; therefore it could not be registered.

16 October 2019

Lost in translation? Board of Appeal should have considered Italian and Spanish-speaking public

In Vafo Praha sro v EUIPO, the EU General Court has annulled a decision of the Fourth Board of Appeal of the EUIPO finding that there was no likelihood of confusion between the marks MEATLOVE and CARNILOVE.

10 October 2019

#DARFERDAS? case: CJEU clarifies distinctiveness requirements

In a case involving the mark #DARFERDAS?, the Court of Justice of the European Union has held that, when examining the distinctive character of a mark, all the likely types of use must be taken into account.

09 October 2019

The similarity threshold for trademark dilution under Article 8(5) – how low does it go?

The EU General Court has overturned the denial of Volvo’s opposition against the registration of the mark V-WHEELS, holding that the EUIPO had incorrectly found that the relevant marks were dissimilar for the purposes of Article 8(5) of EU Regulation 2017/1001.

07 October 2019

General Court confirms lack of likelihood of confusion between MEDIWELL and WELL AND WELL

The EU General Court has upheld a decision of the EUIPO finding that there was no likelihood of confusion between IRF’s figurative mark MEDIWELL and earlier WELL AND WELL marks belonging to Pharmadom.

03 October 2019

Porsche loses design protection for its latest 911

The EU General Court has confirmed the cancellation of Porsche’s registered Community design for the latest iteration of its 911 model for lack of individual character.

01 October 2019

VEGA ONE v VEGAS: word elements almost always win

In WhiteWave Services Inc v EUIPO, the General Court has confirmed the importance of word elements in composite trademarks.

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.

16 September 2019

MONOPOLY case: a new light on bad faith?

The decision of the Board of Appeal of the EUIPO in invalidity proceedings involving Hasbro Inc’s mark MONOPOLY marked a new approach in the application of the concept of ‘bad faith’ under Article 59(1)(b) of the Trademark Regulation.

13 September 2019

Defensive trademark registrations: the adidas and Mastercard cases

In two recent cases, defensive EU trademarks belonging to adidas and Mastercard have been cancelled on the grounds of non-use.

10 September 2019

CJEU: single clinical trial not sufficient for genuine use

In Viridis Pharmaceutical Ltd v EUIPO, the Court of Justice of the European Union has confirmed that there was no genuine use of Viridis’ trademark BOSWELAN on a pharmaceutical product nor proper reasons for non-use.

06 September 2019

KFC dragged into UK politics, identifying a trademark bully, and EUIPO on long applications: news digest

In our latest round-up, we look at the CEO of WeWork returning a “trademark payment” to the company, Ariana Grande suing Forever 21, debate over dropping word marks, and much more.

23 August 2019

World’s largest trademark application, IPOS launches app, and Notorious Markets List comments open: news digest

In our latest round-up, we look at the art of avoiding brand hate, Hasbro acquiring Peppa Pig owner, the INTA holding its first roundtable event in Israel, and much more.