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30 April 2019

General Court: outward use not necessarily aimed at end consumers

In Hesse v EUIPO, the EU General Court has upheld a decision of the First Board of Appeal of the EUIPO in revocation proceedings involving the mark TESTA ROSSA, rejecting arguments relating to proof of use and equal treatment.

29 April 2019

CJEU calls time on <em>The Green Effort Limited v EUIPO</em> case

The decision of the Court of Justice of the European Union in The Green Effort Limited v EUIPO shows that the calculation of time limits is critical to every case and that the courts will not hesitate to enforce such time limits.

26 April 2019

Opposition Division finds likelihood of confusion between SO DIVINE and SO…? LOVELY

The Opposition Division of the EUIPO has partially upheld an opposition against the registration of the figurative mark SO DIVINE due to a likelihood of confusion with earlier SO…? LOVELY marks.

25 April 2019

General Court: Board of Appeal should have examined alleged enhanced distinctiveness of earlier mark

The EU General Court has annulled a decision of the First Board of Appeal of the EUIPO in which the latter had found that there was no likelihood of confusion between the trademarks BALEA and ALBÉA.

24 April 2019

General Court: common figurative elements will make an impression on consumers, despite their weak distinctive character

In Užstato sistemos administratorius VŠĮ v EUIPO, the EU General Court has confirmed that there was a likelihood of confusion between two purely figurative marks for recycling-related services.

18 April 2019

The right to be heard and the right to be told that one has made a mistake

The decision of the EU General Court in Prim SA v EUIPO is likely to influence how the errors and/or omissions of opposing parties will be handled, knowing that keeping quiet about such issues in EUIPO proceedings may ultimately backfire.

17 April 2019

CJEU considers consequences of inconsistency between classification of trademark and its graphic representation

Following a request for a preliminary ruling, the Court of Justice of the European Union has considered the requirements relating to the graphic representation of a sign and those relating to the distinctive character of a colour mark.

15 April 2019

General Court sheds light on assessment of similarity of goods

In IQ Group Holdings Bhd v EUIPO, the EU General Court has provided valuable guidance on the assessment of the similarity of goods and services, especially with regard to distribution channels and the sale of products online.

12 April 2019

General Court: Board of Appeal wrongly assessed dominant element of composite sign

In Julius-K9 Zrt v EUIPO, the EU General Court has clarified how to assess the dominant and distinctive character of the elements that make up a composite trademark in the context of an opposition based on Article 8(1)(b) of Regulation 2017/1001.  

05 April 2019

Blow for Novartis as SMARTSURFACE mark is rejected as being descriptive

In a blow to the Swiss pharmaceutical giant, the EU General Court has upheld a decision of the EUIPO Second Board of Appeal finding that Novartis AG’s word mark SMARTSURFACE was descriptive in respect of contact lenses in Class 9.

01 April 2019

General Court emphasises functionality in establishing a “close connection” and similarity

In Xiaomi Inc v EUIPO, Chinese electronics company Xiaomi has claimed a partial win in front of the EU General Court in a case relating to a conflict between two identical figurative trademarks.

29 March 2019

CJEU: decorative motifs are eligible for trademark registration

In Textilis Ltd v Svenskt Tenn AB, which involved a trademark consisting of two-dimensional decorative motifs, the Court of Justice of the European Union has issued a preliminary ruling on the interpretation of Article 7(1)(e)(iii) of Regulation 207/2009.

28 March 2019

How Signify’s IP team undertook its global rebrand from Philips Lighting: exclusive interview

Senior IP counsel Joeri Mombers provides a detailed insider’s view of lighting giant Signify's "once in a lifetime" trademark project.

27 March 2019

General Court rules on genuine use of figurative trademark MEBLO

In Meblo Trade doo v EUIPO, the EU General Court has confirmed that the owner of the mark MEBLO had proved genuine use of the mark for certain goods and services in Classes 20 and 35.

26 March 2019

CJEU upholds cancellation of Community design based on figurative Tic Tac container mark

In BMB sp z oo v EUIPO, the Court of Justice of the European Union has assessed the likelihood of confusion between a registered Community design and an earlier figurative mark for an empty container of Tic Tac sweets bellowing to Ferrero SpA.