A fresh ground of opposition in appeal proceedings is - if any - only admissible with the consent of the patentee. But what if the fresh ground of opposition relating to lack of inventive step relates to the same document as the grounds of lack of novelty cited in the contested decision?
Pfizer won before the European Court of Justice in questions of customs tariff and combined nomenclature for it's retail brand ThermaCare. Medical devices with a medical purpose are to be classified under CN heading 3005, the classification under implementing Regulation 2016/1140 is invalid.
Due to the uncertain corona situation, there are frequent updates on the extension or restoration of time limits of the offices or courts. Our weekly update summarizes the current regulations as of today, 27 March 2020.
The European Court refused 3D trademark protection for a sign - in the form of a globe base - because of the technical effect of the trademark. The fact that there are alternative forms with the same technical effect does not prevent the exclusion of a trademark due to technical effects from the shape of goods.
The case Le Sac versus Le Sac was decided today before the European Court in favour of the earlier national spanish trademark 'Le Sac'. The later Armani trademark 'Le Sac' leads to a likelihood of confusion.
In today's judgment of the ECJ, the ECJ ruled that a trademark owner can claim retroactive trademark infringement with a claim for damages even for an unused trademark within the five-year period - and even after the trademark had expired.
The German Federal Patent Court has published the judgement for the oral proceedings concerning the cancellation of the TM Black Friday from September 2019. The cancellation of the trademark Black Friday is cancelled for the time being. However, the Black Friday trademark is reserved for electrical trade and general
WIPO has published information in case of non-compliance with a deadline by the corona situation. Failure to meet a time-limit at WIPO by Corona must be proven, this must be sent within five days after the communication is regained. A continuation of the processing must be requested.
Two current annual reports on innovation and intelligent technology in Germany provide interesting insights into the IT strategy of companies. Up to 45% of the IT budget is spent on digitization and automation - but security issues are the most relevant.
The colour brand orange is used a German best-known trade journal for lawyers, and has been under trademark protection in GER since 2009. In a landmark decision on public acceptance and the burden of establishing enforcement, the BPatG has now rejected a cancellation request against the colour trademark.
The constitutional complaint against the ratification of the Unified Patent Court was granted, the Federal Constitutional Court announced today. A drumbeat against the Unified Patent Court: Without the ratification from GER, the Unified Patent Court cannot start.
Also in the European judiciary, the corona situation will from now on lead to a restriction of jurisdiction. Both the ECJ and the CJEU/CFI will only deal with very urgent cases. Nevertheless, the procedural and legal deadlines must be observed.
The German Patent and Trademark Office informs recently that in response to the corona situation that a reinstatement of time limits is possible.
EPO in corona situation: EPO has just announced the extent to which EPO negotiations will take place in the corona situation. All EPO Oral hearings are scheduled until 17 April 2020. Time limits will be extended.
All EUIPO time limits regarding European Trademarks and Community Designs will be extended again due to the exceptional situation caused by the corona virus - until May 1, 2020.