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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.

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.

31 July 2019

General Court confirms likelihood of confusion between H’UGO’S and HUGO’S BURGER BAR

The EU General Court has confirmed that there was a likelihood of confusion between the figurative mark HUGO’S BURGER BAR in Classes 29 and 30 and the earlier word mark H’UGO’S in Classes 29, 30 and 43.

29 July 2019

The top filers and a vision for the future: inside EUIPO operations

Less than a year into Christian Archambeau’s tenure as executive director, the EUIPO is laying the groundwork for future expansion. World Trademark Review’s annual focus on the office assesses current operations, reveals the most proactive filers and explores how the agency is taking a global view of trademarks.

29 July 2019

DON LUCIANO v LUCIANO SANDRONE: General Court considers conceptual comparison of signs containing personal names

In Luciano Sandrone v EUIPO, the EU General Court has considered the conceptual comparison between signs containing a surname or first name and recognised that the case law is unsettled on this point.

23 July 2019

General Court confirms lack of likelihood of confusion between IOS FINANCE and EOS

The EU General Court has confirmed that there was no likelihood of confusion between the figurative mark IOS FINANCE for financial services and the earlier figurative mark EOS for debt collection services.

18 July 2019

“An enormous opportunity” – IP provisions of EU-Mercosur Agreement lauded

The European Union and the Mercosur bloc of countries have agreed a comprehensive trade agreement that includes significant IP provisions that rights holders should be aware of. 

15 July 2019

General Court: iconic Gibson V-shaped guitar body invalid as 3D mark

In Gibson Brands Inc v EUIPO, the EU General Court has confirmed the partial declaration of invalidity of a three-dimensional sign representing Gibson’s iconic V-shaped electric guitar body.

09 July 2019

<em><em>adidas</em></em> decision: General Court reiterates importance of evidence in trademark disputes

In adidas AG v EUIPO, the EU General Court has confirmed that adidas’ three-stripe mark was invalid as a result of its lack of distinctiveness, whether inherent or acquired through use.

05 July 2019

Victory for AC Milan as Marriott’s opposition against AC MILAN mark fails

The EU General Court has confirmed that there was no likelihood of confusion between AC Milan’s figurative mark AC MILAN in Class 43 and earlier marks containing the element ‘AC’ owned by hotel chain Marriott.

02 July 2019

“Greatly beneficial” – IP provisions of EU-Vietnam free trade agreement praised by experts

The landmark EU-Vietnam Trade Agreement has been officially signed. Talking to WTR, IP practitioners claim that the agreement will lead to significant changes to the trademark, design and GI system in Vietnam.

02 July 2019

CJEU adds pressure on disclaimers for descriptive trademark elements following further harmonisation

Following a request for a preliminary ruling on the interpretation of Article 4(1)(b) of Directive 2008/95, the Court of Justice of the European Union has considered the effects of a disclaimer on the extent of protection of an earlier mark.

28 June 2019

Cannabis counterfeits; the campus consequence of <em>Brunetti</em>; and Anheuser-Busch eyes esports market: news digest 

In our latest news round-up, we look at how Alibaba is seeking increased brand engagement, Anheuser-Busch making a play for the esports industry, a USPTO call for comments, Albania’s accession to the Geneva Act and much more.