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