Work Area: Brand management

Latest content

General Court: it is not necessary for a mark to be used in an extensive geographic area for its use to be deemed genuine

The fact that use of the earlier mark had been proved only in connection with a small part of the territory of Germany and France did not preclude its use from being genuine.

06 December 2021

Board of Appeal confirms ex officio ISIPO refusal of pharma mark

The refusal of pharmaceutical company Alvogen’s appeal highlights the importance of the principle of interdependence in the assessment of the likelihood of conclusion.

06 December 2021

Why internal championing efforts have never been more important for brand professionals

We reflect on the findings of the latest WTR Trademark Elite Expert Panel report and the internal pressures making brand creation and enforcement work more challenging in our latest opinion column.

04 December 2021

Gap is taking no chances in reversing the fortunes of its brand

It has combined new marketing tactics, investment in online retail and A-list celebs to position its brand in front of consumers.

03 December 2021

National interest: a basis for the registration of identical or confusingly similar trademarks?

This decision of the Federal High Court in a case involving the ‘eNaira’ - the Central Bank of Nigeria’s new digital currency - broadens the scope of Section 13(2) of the Trademarks Act.

03 December 2021

Oppositions flock to BLACK SHEEP RESTAURANTS

These two oppositions against the registration of BLACK SHEEP RESTAURANTS in Class 43 highlight how the EUIPO’s interpretation of the relevant public’s ability to speak the language of the marks impacts the likelihood of confusion assessment.

03 December 2021

Reviewing the doctrine of res judicata ‘ONE’ decision at a time

The judgment of the General Court in this long-running dispute between Nestlé and Amigüitos pets & life provides a helpful reminder of the instances in which the principle of res judicata should apply.

02 December 2021

Tommy Hilfiger overcomes CNIPA’s refusal of stripe mark by showing that it had obtained foreign government’s consent

When Tommy Hilfiger attempted to register a stripe trademark in Class 25, the CNIPA rejected the application on the ground that it was similar to Yemen’s national flag. To overcome the refusal, Tommy Hilfiger applied for the same mark for the same goods in Yemen.

02 December 2021

Louis Vuitton successfully opposes registration of HUMAN HORIZONS in Classes 18 and 25

Louis Vuitton Malletier has prevailed in opposition proceedings against the registration of the mark HUMAN HORIZONS for goods in Classes 18 and 25, including luggage and wallets, based on its HORIZON mark.

01 December 2021

GHD successfully opposes application for GOOD HAIR DAY based on slogan mark

This dispute over the right to register the sign GOOD HAIR DAY in respect of hair products shows that, once the hurdles to registration have been overcome, slogans can be a powerful tool for owners to protect their rights.

30 November 2021

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