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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.

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.

31 May 2019

General Court’s MULTIPLUS decision highlights status to be accorded to national registrations in opposition proceedings

In Sona Nutrition Ltd v EUIPO, the EU General Court has found that the Board of Appeal had erred in law in finding that the word element ‘multiplus’ was devoid of distinctive character in the context of the applicant’s combined word/logo mark.

28 May 2019

CJEU confirms descriptiveness of German company's mark for financial services

The Court of Justice of the European Union has confirmed that declarations made under Article 28(8) of Regulation 207/2009 during the transitional period following IP TRANSLATOR do not add new goods/services to the scope of protection of a trademark.

24 May 2019

General Court: bicycles and motorcycles similar to a low degree

In Zweirad-Center Stadler v EUIPO, the EU General Court has confirmed that there was a likelihood of confusion between two TRIUMPH word marks for goods in Classes 9, 12 and 25.

23 May 2019

“Heroes of the European economy” – major new study reveals link between IP protection and SME success

A joint study between the European Patent Office and the EU Intellectual Property Office has evidenced a clear correlation between the success of small to medium-sized businesses and their utilisation of intellectual property. 

16 May 2019

What you need to know before the controversial <em>Sky v Skykick</em> case hits the CJEU

On Monday, the Court of Justice of the European Union holds a hearing in the closely followed Skykick case. We look at how this case could have a significant impact on trademark practice.

16 May 2019

General Court reaffirms that new relative grounds for refusal cannot be raised after expiry of relevant period

In Lupu v EUIPO, the EU General Court has confirmed that, within the context of opposition proceedings, relative grounds for refusal cannot be raised after the expiry of the term prescribed by law.

02 May 2019

Success for Inditex as General Court upholds appeal in ZARA case

The EU General Court has upheld an appeal by Inditex, the owner of the mark ZARA, finding that use of the figurative ZARA mark would give rise to a risk of unfair advantage being taken of Inditex’s mark.

01 May 2019

Focusing on trade dress in the European Union

As the use of distinctive and non-traditional signs continues to evolve, EU legislation now allows for objects, actions and patterns, among others, to be registered as trademarks, with a key focus on trade dress.

30 April 2019

General Court: outward use not necessarily aimed at end consumers

In Hesse v EUIPO, the EU General Court has upheld a decision of the First Board of Appeal of the EUIPO in revocation proceedings involving the mark TESTA ROSSA, rejecting arguments relating to proof of use and equal treatment.

29 April 2019

CJEU calls time on <em>The Green Effort Limited v EUIPO</em> case

The decision of the Court of Justice of the European Union in The Green Effort Limited v EUIPO shows that the calculation of time limits is critical to every case and that the courts will not hesitate to enforce such time limits.

26 April 2019

Opposition Division finds likelihood of confusion between SO DIVINE and SO…? LOVELY

The Opposition Division of the EUIPO has partially upheld an opposition against the registration of the figurative mark SO DIVINE due to a likelihood of confusion with earlier SO…? LOVELY marks.