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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.

25 March 2019

Polo logo appeal dismissed: the importance of evidence of use and registrations

The EUIPO Board of Appeal has decided that a declaration of invalidity filed by Style & Taste against Polo/Lauren’s polo logo did not contain sufficient evidence to support the claim.

22 March 2019

General Court upholds rejection of STREAMS trademark application

In DeepMind Technologies Ltd v EUIPO, the EU General Court has confirmed that the mark STREAMS was descriptive of goods and services in Classes 9 and 42 and should be refused under Article 7(1)(c) of EU Regulation 207/2009. 

14 March 2019

CJEU considers trademarks with common element 'so' and finds likelihood of confusion

When is a single common element sufficient to create a likelihood of confusion? A decision of the Court of Justice of the European Union in a case involving the mark SO’BIO ĒTIC and earlier SO…? marks illustrates the difficulties in answering that question.

13 March 2019

Don't panic? What the UK government’s second major Brexit defeat means for trademark owners

UK prime minister Theresa May suffered a second catastrophic defeat in as many months as the House of Commons rejected her Brexit deal last night. We take a look at what this latest development means for trademark owners.

11 March 2019

Blow for Apple as General Court finds that one cannot compare apples with pears

In a blow to US tech giant Apple Inc, the EU General Court has annulled a decision of the EUIPO in which the latter had upheld Apple’s opposition against the registration of the figurative mark PEAR for information and communications technology-related goods and services based on its famous apple logo mark.

06 March 2019

MOULDPRO case: General Court confirms that no 'agent-principal' relationship between parties had been established  

In Mouldpro v EUIPO, the General Court has upheld a decision of the EUIPO Fourth Board of Appeal rejecting an application for a declaration of invalidity of the word mark MOULDPRO. The decision calls into question the definition of the agent-principal relationship.

04 March 2019

New Brexit guidelines give reassurance to rights holders, but attorneys’ rights remain uncertain

New guidelines reaffirm the UK's commitment to protecting existing EU trademarks and to recognising the priority date of pending European applications. But UK attorneys remain none the wiser about their EUIPO rights of representation.

04 March 2019

Broken heart for Bayer? General Court upholds refusal to register figurative mark representing a heart

The EU General Court has confirmed that a figurative mark applied for by Bayer would be perceived by the relevant public as the representation of a heart and, therefore, as a reference to the fact that the services in question concerned the field of cardiology.

01 March 2019

ETNIA versus ETNIK: a litany of errors

The EU General Court has upheld a EUIPO decision in opposition proceedings filed by Etnia Dreams against the registration of the mark ETNIK. The opponent had made a series of errors which led the EUIPO to find that the opposition was inadmissible.