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18 February 2019

Community design for spray paint gun upheld as invalid by General Court

In Sata GmbH & Co KG v EUIPO, the EU General Court has upheld a decision of the Third Board of Appeal of the EUIPO finding that a design representing a paint spray gun lacked individual character with regard to an earlier design.

15 February 2019

CJEU confirms likelihood of confusion between LUBELSKA and LUBECA

The Court of Justice of the European Union has dismissed an appeal brought by the Republic of Poland in opposition proceedings concerning the figurative sign LUBELSKA and the earlier German word mark LUBECA.

15 February 2019

CJEU confirms likelihood of confusion between LUBELSKA and LUBECA

The Court of Justice of the European Union has dismissed an appeal brought by the Republic of Poland in opposition proceedings concerning the figurative sign LUBELSKA and the earlier German word mark LUBECA.

12 February 2019

CJEU provides further clarification on genuine use of trademarks

In Pandalis v EUIPO, the Court of Justice of the European Union has upheld a decision of the General Court finding that the trademark CYSTUS had not been put to genuine use for “food supplements not for medical purposes”.

06 February 2019

General Court: appeals against reasons included in decision for sake of completeness are ineffective

The judgment of the EU General Court in Ilhan v EUIPO shows that a plea levelled at reasons which are included in a decision for the sake of completeness cannot result in the annulment of that decision.

31 January 2019

L’Oreal revealed as top filer of EU trademarks in 2018 as applications to EUIPO rise 5%

In an exclusive guest post, Robert Reading from CompuMark reveals the top corporate filers at the EUIPO in 2018 and looks at some of the key trends from the registry in the past 12 months.

30 January 2019

McDonald's BIG MAC trademark cancelled due to non-use in David versus Goliath dispute

Irish fast-food chain Supermac’s has successfully cancelled the McDonald’s BIG MAC mark. The case, which arose after McDonald’s opposed Supermac’s own mark, highlights the need for even the largest of companies to diligently file good-quality evidence of genuine use.

25 January 2019

General Court: incorrect ground need not lead to annulment of measure

The EU General Court has upheld a decision of the EUIPO refusing registration of the mark TURBO-K in the name of Turbo-K International Ltd on the basis of unregistered UK rights in the TURBO-K mark owned by Turbo-K Ltd.

23 January 2019

General Court finds proper reasons for non-use and saves C=COMMODORE registration

In a rare decision, the EU General Court has found that C=Holdings BV, the owner of the mark C=COMMODORE, had proper reasons for non-use of the mark.

07 January 2019

Design rights: European union

In the European Union, the appearance of all industrial and handicraft items, product parts, packaging, get-up, graphic symbols and typographic typefaces is protectable as a design.

03 January 2019

General Court: Board of Appeal failed to sufficiently examine ownership of goodwill in The Commodores name  

The EU General Court has issued its decision in a dispute between founding members of the band The Commodores over the mark THE COMMODORES.

02 January 2019

Brexit in focus: end-of-year review from the UKIPO

While Brexit has been the primary focus of many practitioners in the United Kingdom, the UK Intellectual Property Office witnessed various other changes and developments in 2018.

30 November 2018

General Court does not bottle it in 3D trademarks ruling

In Wajos GmbH v EUIPO, the EU General Court has confirmed that a 3D trademark can consist of the shape of goods or their packaging.

29 November 2018

General Court: imperfect recollection of earlier mark imputes likelihood of confusion, even for specialised and highly attentive public

In Asahi Intec Co Ltd v EUIPO, the EU General Court has held that, although the specialist public would pay a high level of attention to the marks, the doctrine of imperfect recollection meant that a risk of a likelihood of confusion could not be ruled out.

27 November 2018

Community design applications priority claim assessments: new, relaxed, examination regime

In a bid to ease the administrative burden on Community design applicants, the EUIPO has reduced the extent of examination that it will undertake on any application containing a priority claim to an earlier registered design application.