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21 June 2019

General Court confirms lack of distinctive character of BIOLATTE for dietary supplements

In Biolatte Oy v EUIPO, the EU General Court has upheld a decision of the EUIPO finding that the mark BIOLATTE was devoid of distinctive character for dietary supplements in Class 5.

19 June 2019

Three stripes, you’re out! – adidas loses appeal as EU General Court rules trademark invalid

The General Court of the European Union has upheld the decision of the EUIPO to invalidate the trademark registration for adidas’ three-stripe branding. We analyse the decision and look at reaction.

19 June 2019

Trademark application revenue up, expenditure stabilises: five takeaways from the EUIPO’s annual report

The EUIPO has released its latest annual report, detailing its progress across such areas as staff engagement, stakeholder relationships and data protection reforms. Here are our top five takeaways.

19 June 2019

The Scotch Whisky Association faces Brexit and GI infringement with a stiff upper lip

Lindesay Low, deputy director – legal at the Scotch Whisky Association, reveals how the company has upheld enforcement efforts amid Brexit chaos and why it remains confident in the face of international infringement, proving itself the worthy winner of WTR’s Not-for-Profit Organisation Team of the Year.

19 June 2019

Tasteless NOVICHOK - is it?

The Board of Appeal of the European Union Intellectual Property Office has upheld the rejection of the application to register the mark NOVICHOK for alcohol, beers and non-alcoholic beverages under the rarely invoked Article 7(1)(f) of Regulation 2017/1001. 

17 June 2019

How the Reckitt Benckiser trademark team took restructuring in its stride

Restructuring can cause a number of headaches for a company, but the WTR Household and Consumer Goods Team of the Year, Reckitt Benckiser, has proven that adaptability and effective communication are the secret to ensuring that enforcement efforts remain uncompromised during times of upheaval.

17 June 2019

CJEU draws the line in <em>Deichmann</em>: classification as position or figurative mark irrelevant in assessing genuine use

In a case involving a mark representing a cross on the side of a sports shoe, the Court of Justice of the European Union has confirmed that it was irrelevant to determine whether the mark at issue was a position or a figurative mark in order to assess its subject matter.

14 June 2019

EUIPO enforcement portal, most cyber-attacked brands, and ACG anti-counterfeiting award winners: news digest

In our latest edition, we look at changes to Canadian registrations occurring next week, Unilever seeing a pay-off from purpose-led brands, brands being reminded to renew marks in Rwanda, and much more.

13 June 2019

General Court: concept of 'bad faith' not confined to limited category of specific circumstances

In Holzer y Cia SA de CV v EUIPO, the General Court has upheld a decision of the EUIPO finding that Holzer y Cia SA de CV had applied for the registration of two ANN TAYLOR marks in bad faith.

11 June 2019

General Court confirms that there is no likelihood of confusion between AQUAPRINT and AQUACEM/AQUASIL

In Dentsply De Trey GmbH v EUIPO, the EU General Court has confirmed that there was no likelihood of confusion between AQUAPRINT on the one hand, and AQUACEM and AQUASIL on the other, in relation to dentistry products.

06 June 2019

General Court: Board of Appeal erred in assessing distinctive and dominant character of first name and surname making up trademark

In Andrea Incontri Srl v EUIPO, the EU General Court has held that the Fourth Board of Appeal of the EUIPO had erred in assessing the distinctive and dominant character of the word elements making up the ANDREA INCONTRI mark.

04 June 2019

SKY v SKYPRIVATE: is the sky the limit for Sky’s enforcement of its mark in the European Union?

The EU General Court has issued its decision in an appeal concerning whether the figurative mark SKYPRIVATE, filed by the CEO of a provider of online erotic shows, was confusingly similar to Sky Ltd’s earlier word mark SKY.

03 June 2019

Neymar trademark case: accepted principles of ethical behaviour or honest commercial business practices prevail over first-to-file rule

In a recent case concerning a trademark associated with the footballer Neymar, the General Court has confirmed that the objective circumstances of the case led to the conclusion that the applicant was acting in bad faith when he filed the application for registration of the mark.

31 May 2019

General Court: mark meaning ‘white’ in Swedish can be registered for household goods

The EU General Court has annulled a decision of the EUIPO in which the latter had found that the mark VITA, which means ‘white’ in Swedish, was descriptive and lacked distinctive character for household appliances.