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13 September 2019

Defensive trademark registrations: the adidas and Mastercard cases

In two recent cases, defensive EU trademarks belonging to adidas and Mastercard have been cancelled on the grounds of non-use.

10 September 2019

CJEU: single clinical trial not sufficient for genuine use

In Viridis Pharmaceutical Ltd v EUIPO, the Court of Justice of the European Union has confirmed that there was no genuine use of Viridis’ trademark BOSWELAN on a pharmaceutical product nor proper reasons for non-use.

06 September 2019

KFC dragged into UK politics, identifying a trademark bully, and EUIPO on long applications: news digest

In our latest round-up, we look at the CEO of WeWork returning a “trademark payment” to the company, Ariana Grande suing Forever 21, debate over dropping word marks, and much more.

06 September 2019

“Rational and forward-thinking” – CJEU rules cases of online trademark infringement can be held in consumer’s jurisdiction

Reaction to the Court of Justice of the European Union ruling in favour of plaintiffs suing online infringers in the member state they acquired the product. 

29 August 2019

McDonald’s MC mark partially revoked for lack of genuine use

Following an application made by Irish fast food chain Supermac’s, the EUIPO Cancellation Division has partially revoked the McDonald’s word mark MC on the grounds that the company failed to provide sufficient evidence to support genuine use of MC as a standalone mark. The decision is a stark reminder for owners to maintain full records of trademark use in case of a revocation application from competitors for non-use – no matter how well known the brand is.

23 August 2019

Connecting continents: exclusive interview with EUIPO head of IP Key Latin America 

IP Key Latin America seeks to bridge an IP knowledge gap between the European Union and the host of diverse countries in Latin America. WTR spoke to Pedro Duarte, head of IP Key Latin America, for insight into the project’s successes.

23 August 2019

World’s largest trademark application, IPOS launches app, and Notorious Markets List comments open: news digest

In our latest round-up, we look at the art of avoiding brand hate, Hasbro acquiring Peppa Pig owner, the INTA holding its first roundtable event in Israel, and much more.

23 August 2019

Lego blocks out competitor’s invalid EU design registration

Lego has been successful in invalidating a competitor’s EU design registration for a toy figurine. The EUIPO concluded that the contested design reproduced the features of Lego’s earlier designs almost identically.

22 August 2019

General Court partially annuls Board of Appeal’s decision in TROPICAL case

The EU General Court has partially annulled a decision of the EUIPO in cancellation proceedings involving the figurative mark TROPICAL for goods in Classes 5 and 31, and the earlier national word mark TROPICAL in Class 31.

20 August 2019

1st AMERICAN mark deemed distinctive as a whole

In opposition proceedings involving Italian company Fashion Energy and US company Retail Royalty, the EU General Court has found that the Second Board of Appeal of the EUIPO had not appropriately assessed the distinctive character of Fashion Energy’s 1st AMERICAN mark.

15 August 2019

General Court: genuine use may be established if mark as used differs from mark as registered only in insignificant respects

The decision of the EU General Court in mobile.de v EUIPO highlights that a mark owner may, in the commercial exploitation of the sign, make variations which, without altering its distinctive character, enable it to be better adapted to the requirements of the goods or services concerned.

15 August 2019

“A spectacular own goal”? EUIPO warns of applications with long lists of goods and services caused by its own tool

The EUIPO has warned about EUTMs with long lists of goods and services. A WTR investigation finds that the cause appears to be linked to the EUIPO’s own goods and services builder tool.

13 August 2019

Blow for Red Bull as CJEU confirms invalidity of blue and silver colour marks

In Red Bull Gmbh v EUIPO, the Court of Justice of the European Union has dismissed an appeal against a General Court decision upholding a finding of invalidity in respect of Red Bull’s blue and silver colour marks.

09 August 2019

Five counterfeit hotspots that you must be aware of in Cyprus

In the latest edition of our new series into fake goods around the world, we head to the beautiful Mediterranean island of Cyprus and focus on the counterfeit hotspots that rights holders should have on their enforcement radars.

08 August 2019

General Court confirms lack of likelihood of confusion between MANDO and earlier MAN marks

The EU General Court has partially upheld a decision of the First Board of Appeal of the EUIPO finding that there was no likelihood of confusion between the word mark MANDO and earlier international registrations for the figurative mark MAN.