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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.

16 October 2018

General Court: mere fact that goods are different makes it possible to rule out any likelihood of confusion

In Grendene SA v EUIPO, the General Court has confirmed that there was no likelihood of confusion between the mark HIPANEMA for jewellery and earlier IPANEMA marks for footwear.

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.