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25 March 2019

Polo logo appeal dismissed: the importance of evidence of use and registrations

The EUIPO Board of Appeal has decided that a declaration of invalidity filed by Style & Taste against Polo/Lauren’s polo logo did not contain sufficient evidence to support the claim.

22 March 2019

General Court upholds rejection of STREAMS trademark application

In DeepMind Technologies Ltd v EUIPO, the EU General Court has confirmed that the mark STREAMS was descriptive of goods and services in Classes 9 and 42 and should be refused under Article 7(1)(c) of EU Regulation 207/2009. 

21 March 2019

European Union to accede to Geneva Act; Brexit uncertainty means United Kingdom poised to become GI battleground

The European Parliament's Legal Affairs Committee has endorsed the European Union acceding to the Geneva Act – a move that could propel the issue of geographical indications back to the top of the trade deal agenda as the United Kingdom looks to its post-Brexit future.  

20 March 2019

Patent Office rejects WHEN IN ICELAND opposition

A recent Icelandic Patent Office decision serves as a useful reminder that the evaluation of similarity as set out in the Trademarks Act should always involve a nuanced comparison of the marks.

19 March 2019

‘Funtime’ is over for Trespass

The Intellectual Property Enterprise Court has held that Luen Fat Metal & Plastic Manufactory Co Limited’s UK and EU trademarks for a series of word marks (FUNTIME, FUN TIME and FUN-TIME) are valid and have been infringed.

14 March 2019

CJEU considers trademarks with common element 'so' and finds likelihood of confusion

When is a single common element sufficient to create a likelihood of confusion? A decision of the Court of Justice of the European Union in a case involving the mark SO’BIO ĒTIC and earlier SO…? marks illustrates the difficulties in answering that question.

14 March 2019

Imprisonment for breaching injunctions is annulled by Constitutional Court

Turkey’s Constitutional Court has annulled the first sentence of Article 398(1) of the Code of Civil Procedure, which deals with disciplinary imprisonment for acting against a preliminary injunction.

11 March 2019

Blow for Apple as General Court finds that one cannot compare apples with pears

In a blow to US tech giant Apple Inc, the EU General Court has annulled a decision of the EUIPO in which the latter had upheld Apple’s opposition against the registration of the figurative mark PEAR for information and communications technology-related goods and services based on its famous apple logo mark.

08 March 2019

Victory for Tambrands Inc as third party’s attempt to register TAMPAX mark fails  

The Appeal Division of the Lithuanian State Patent Bureau has upheld an opposition filed by Tambrands Inc, the owner of the TAMPAX mark, against the registration of the mark TAMPAX by a natural person.

07 March 2019

New trademark law enters into force - what you need to know

A new Law on Trademarks, which aims to transpose Directive 2015/2436 into the national legislation, entered into force in Croatia on 15 February 2019. This update highlights the key changes for trademarks owners and applicants.

06 March 2019

MOULDPRO case: General Court confirms that no 'agent-principal' relationship between parties had been established  

In Mouldpro v EUIPO, the General Court has upheld a decision of the EUIPO Fourth Board of Appeal rejecting an application for a declaration of invalidity of the word mark MOULDPRO. The decision calls into question the definition of the agent-principal relationship.

05 March 2019

Hungary amends trademark legislation: key changes highlighted

Act LXVII, which amends a number of industrial property laws in order to transpose Directive 2015/2436 into the national legislation, has entered into force in Hungary. This update reviews the main amendments introduced by the act.  

01 March 2019

Vice YouTube takedown sparks outrage, Banksy wins IP case, and Macedonia mark update: news digest

In our latest round-up, we look at the Mongols biker gang keeping their logo trademark, how online uses of the words ‘fake’ and ‘replica’ are rising significantly, and much more.

01 March 2019

ETNIA versus ETNIK: a litany of errors

The EU General Court has upheld a EUIPO decision in opposition proceedings filed by Etnia Dreams against the registration of the mark ETNIK. The opponent had made a series of errors which led the EUIPO to find that the opposition was inadmissible.  

28 February 2019

"Bye Bye Bye, Bye Babybel": Sainsbury's obtains cancellation of Babybel red wax mark

Fromageries Bel, the maker of Babybel and owner of a UK trademark consisting of a three-dimensional round wax coating with the colour limited to red, has had its trademark cancelled following a successful invalidation claim filed by Sainsbury’s.