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19 June 2019

Three stripes, you’re out! – adidas loses appeal as EU General Court rules trademark invalid

The General Court of the European Union has upheld the decision of the EUIPO to invalidate the trademark registration for adidas’ three-stripe branding. We analyse the decision and look at reaction.

19 June 2019

Trademark application revenue up, expenditure stabilises: five takeaways from the EUIPO’s annual report

The EUIPO has released its latest annual report, detailing its progress across such areas as staff engagement, stakeholder relationships and data protection reforms. Here are our top five takeaways.

19 June 2019

The Scotch Whisky Association faces Brexit and GI infringement with a stiff upper lip

Lindesay Low, deputy director – legal at the Scotch Whisky Association, reveals how the company has upheld enforcement efforts amid Brexit chaos and why it remains confident in the face of international infringement, proving itself the worthy winner of WTR’s Not-for-Profit Organisation Team of the Year.

19 June 2019

The Scotch Whisky Association faces Brexit and GI infringement with a stiff upper lip

Lindesay Low, deputy director – legal at the Scotch Whisky Association, reveals how the company has upheld enforcement efforts amid Brexit chaos and why it remains confident in the face of international infringement, proving itself the worthy winner of WTR’s Not-for-Profit Organisation Team of the Year.

19 June 2019

Tasteless NOVICHOK - is it?

The Board of Appeal of the European Union Intellectual Property Office has upheld the rejection of the application to register the mark NOVICHOK for alcohol, beers and non-alcoholic beverages under the rarely invoked Article 7(1)(f) of Regulation 2017/1001. 

17 June 2019

How the Reckitt Benckiser trademark team took restructuring in its stride

Restructuring can cause a number of headaches for a company, but the WTR Household and Consumer Goods Team of the Year, Reckitt Benckiser, has proven that adaptability and effective communication are the secret to ensuring that enforcement efforts remain uncompromised during times of upheaval.

17 June 2019

CJEU draws the line in <em>Deichmann</em>: classification as position or figurative mark irrelevant in assessing genuine use

In a case involving a mark representing a cross on the side of a sports shoe, the Court of Justice of the European Union has confirmed that it was irrelevant to determine whether the mark at issue was a position or a figurative mark in order to assess its subject matter.

13 June 2019

General Court: concept of 'bad faith' not confined to limited category of specific circumstances

In Holzer y Cia SA de CV v EUIPO, the General Court has upheld a decision of the EUIPO finding that Holzer y Cia SA de CV had applied for the registration of two ANN TAYLOR marks in bad faith.

11 June 2019

General Court confirms that there is no likelihood of confusion between AQUAPRINT and AQUACEM/AQUASIL

In Dentsply De Trey GmbH v EUIPO, the EU General Court has confirmed that there was no likelihood of confusion between AQUAPRINT on the one hand, and AQUACEM and AQUASIL on the other, in relation to dentistry products.

03 June 2019

Neymar trademark case: accepted principles of ethical behaviour or honest commercial business practices prevail over first-to-file rule

In a recent case concerning a trademark associated with the footballer Neymar, the General Court has confirmed that the objective circumstances of the case led to the conclusion that the applicant was acting in bad faith when he filed the application for registration of the mark.

31 May 2019

General Court: mark meaning ‘white’ in Swedish can be registered for household goods

The EU General Court has annulled a decision of the EUIPO in which the latter had found that the mark VITA, which means ‘white’ in Swedish, was descriptive and lacked distinctive character for household appliances.

31 May 2019

General Court’s MULTIPLUS decision highlights status to be accorded to national registrations in opposition proceedings

In Sona Nutrition Ltd v EUIPO, the EU General Court has found that the Board of Appeal had erred in law in finding that the word element ‘multiplus’ was devoid of distinctive character in the context of the applicant’s combined word/logo mark.

28 May 2019

CJEU confirms descriptiveness of German company's mark for financial services

The Court of Justice of the European Union has confirmed that declarations made under Article 28(8) of Regulation 207/2009 during the transitional period following IP TRANSLATOR do not add new goods/services to the scope of protection of a trademark.

24 May 2019

General Court: bicycles and motorcycles similar to a low degree

In Zweirad-Center Stadler v EUIPO, the EU General Court has confirmed that there was a likelihood of confusion between two TRIUMPH word marks for goods in Classes 9, 12 and 25.