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09 October 2018

Success for Puma: General Court orders Board of Appeal to re-assess degree of reputation of PUMA marks

In Puma SE v EUIPO, the EU General Court has provided useful guidance on the scope of protection of marks with an exceptionally high reputation.

08 October 2018

General Court confirms likelihood of confusion between GN LABORATORIES and GNC - despite relevant public’s above-average level of attention  

In Ntolas v EUIPO, the EU General Court has confirmed that there was a likelihood of confusion between the mark GN LABORATORIES for goods in Classes 5, 29 and 30, and the earlier mark GNC for goods and services in Classes 5, 29 and 35.

04 October 2018

<em>AKANTO v KANTOS</em> - is suggestive character subject to proof?

The EU General Court has confirmed that there was a likelihood of confusion between Novartis AG’s mark AKANTO and Chiesi Farmaceutici SpA’s earlier mark KANTOS for goods in Class 5.

02 October 2018

Anticipate your divorce: General Court considers correct time period for appreciation of risk of confusion

In Gugler v EUIPO, the EU General Court has held that the economic link between the parties on the date on which the application for registration of the contested mark was filed precluded a finding of likelihood of confusion.

02 October 2018

Attack on the senses: a comparison of non-traditional marks

Practitioners need to be aware of the differences between obtaining protection for smell, taste and texture marks in the European Union and the United States.

01 October 2018

Moving and shaking: securing protection for shapes and movement marks

With non-traditional trademark registrations on the rise, a nuanced understanding of the differences between obtaining protection in the European Union and the United States is crucial.

28 September 2018

Sounds and colours: EU and US approaches to non-traditional marks

Following a rise in non-traditional trademark registrations, practitioners should be aware of the differences between obtaining protection in the European Union and the United States.

27 September 2018

Is ‘safari’ distinctive for goods in Classes 18 and 25? The General Court decides

The EU General Court has annulled a decision of the Fourth Board of Appeal of the EUIPO insofar as it had found a likelihood of confusion between SAFARI CLUB and WS WALK SAFARI for certain goods in Classes 18 and 25.

26 September 2018

3D mark or surface pattern? CJEU rejects Birkenstock’s appeal

The Court of Justice of the European Union has issued its decision in a case involving Birkenstock’s application to register a figurative mark representing a pattern of wavy, crisscrossing lines.

25 September 2018

General Court confirms likelihood of confusion between PRIMART and PRIMA

In Primart v EUIPO, the EU General Court has confirmed that there was a likelihood of confusion between the figurative mark PRIMART and the earlier mark PRIMA for goods in Class 30.

24 September 2018

General Court: lack of conceptual similarity, by itself, weighs against existence of likelihood of confusion

In Chefaro Ireland DAC v EUIPO, the EU General Court has confirmed that there was no likelihood of confusion between the marks EAU PRECIEUSE and NUIT PRECIEUSE in Class 3.

21 September 2018

Success for Apple as General Court finds certain degree of similarity between APO and APPLE marks

In a victory for Apple Inc, the EU General Court has annulled a decision of the Fourth Board of Appeal of the EUIPO in which the latter had found that the figurative mark APO was not similar to Apple’s earlier marks.

20 September 2018

Bad news for tourism and souvenir industry as CJEU rules that castle name can be registered as trademark

In a ruling that sits uncomfortably with its earlier decision in Windsurfing Chiemsee, the Court of Justice of the European Union has rejected the notion that the name of a famous Bavarian castle could serve as a geographic indication for the relevant goods/services. 

12 September 2018

Trademark registration of works of art in public domain – reasonable grounds for rejection?

It is important for economic well-being that economic operators have the freedom to operate with as few restrictions as possible, including the freedom to choose an identifier or trademark for their business. 

26 August 2018

Harmonisation in practice: a dialogue about foreign trademarks

Industry experts from the United States, the European Union and China outline the key considerations for those looking to expand their portfolios internationally.