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.
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.
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.
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.
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.
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.
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.
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.
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.
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.