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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.

26 November 2018

General Court: Pirelli’s figurative mark is registrable

The EU General Court has annulled a decision of the Fifth Board of Appeal of the EUIPO in which the latter had invalidated in part a figurative mark representing an L-shaped groove owned by Pirelli Tyre SpA.

15 November 2018

“No clarity on continued rights of representation”: trademark experts have their say on the draft Brexit withdrawal text

While uncertainty over the future of the agreed Brexit withdrawal text remains, the 585-page document provides crucial insight into the planned treatment of intellectual property – including rights of representation, exhaustion and the cost-free cloning of rights.

15 November 2018

General Court: black-and-white registration certificate does not satisfy requirements for representation of earlier figurative mark <strong>  </strong>

In opposition proceedings between Aldi Einkauf and Aldo Supermarkets, the EU General Court has held that submitting a copy of a national registration certificate in black and white did not satisfy the conditions governing the representation of the earlier mark.

14 November 2018

General Court: disclosure of earlier design cannot be proved by means of probabilities or suppositions

The decision of the EU General Court in Mamas and Papas Ltd v EUIPO, which concerned a registered Community design representing a cot bumper, shows that the parties should present their best evidence in proceedings not only before the court, but also before the EUIPO.

12 November 2018

General Court: name of spa town eligible for registration for mineral waters

The EU General Court has annulled a decision of the EUIPO in which the latter had found that the mark DEVIN - the name of a Bulgarian spa town - for mineral waters was descriptive of the geographical origin of the goods.

08 November 2018

CJEU confirms that categorisation as "colour mark" at time of filing is relevant when assessing validity

The Court of Justice of the European Union has confirmed that the categorisation of a mark as a “colour mark” at the point of filing is relevant when assessing its validity.

02 November 2018

Bacardi’s application for 42 BELOW sunk by non-registered national trademark

The EU General Court has confirmed that there was a likelihood of confusion between Bacardi’s mark 42 BELOW for alcoholic beverages and the earlier non-registered mark VODKA 42 used in the Czech Republic and Slovakia for the same goods.

30 October 2018

<em>GOLDEN BALLS v BALLON D’OR</em>: the golden rules of the assessment of reputation

In the long-running dispute over the marks GOLDEN BALLS and BALLON D’OR, the EU General Court has clarified the parameters for the assessment of reputation in the context of the appreciation of the risk of confusion.

29 October 2018

General Court puts brakes on Fiat Chrysler Automobiles’ VIPER trademark registration

The EU General Court has dismissed an appeal by Fiat Chrysler Automobiles against the partial invalidation of its EU trademark VIPER for automobiles and vehicles.

25 October 2018

General Court clarifies that marks must be identical for Article 8(3) to apply<strong> </strong>

In John Mills Ltd v EUIPO, the EU General Court has ruled that Article 8(3) of Regulation 207/2009, which aims to prevent the misuse of a mark by the trademark proprietor’s agent, applies only if the marks are identical.    

24 October 2018

PINK LADY versus WILD PINK: it ain’t over till the pink lady sings

In Apple and Pear Australia Ltd v EUIPO, the EU General Court has annulled a decision that had previously gone in favour of Pink Lady America in its trademark dispute with other fruit organisations in the European Union.

24 October 2018

The state of statistics – academic claims “more can be done” with trademark data

A new academic paper has found that researchers and policymakers should make more use of trademark portfolio data – even using such information instead of patent data in some instances. 

23 October 2018

Red Bull gives you wings, but loses against FLÜGEL

In a blow to energy drinks giant Red Bull, the EU General Court has annulled a EUIPO decision declaring that the mark FLÜGEL was invalid for “alcoholic beverages” due to a likelihood of confusion with Red Bull’s earlier VERLEIHT FLÜGEL marks for “energy drinks”.

22 October 2018

General Court: variations in use altered distinctive character of earlier word mark TACK

In LA Superquimica SA v EUIPO, the EU General Court has confirmed that the applicant had failed to show use of the earlier mark TACK in the form under which it had been registered or in a form that could be regarded as acceptable.