The patentability must be assessed by the BPatG, the Federal Court of Justice clarified in the leading principle decision 'Bausatz'. The patent in dispute, a construction kit, had been attacked for inadmissible extension.
Is a biscuit shape like Oreo distinctive? This question is at the centre of a trademark dispute between Oreo and Oreo Twins that has lasted several years. The case has now been heard before the CJEU: The US owner of the earlier well-known Oreo trademark won.
Fashion manufacturer Diesel has achieved partial success in the brand dispute over the well-known Diesel mark. Genuine use of the earlier mark was successfully proved for men's and women's denim jeans and shoes, but not for bags. In focus: proof by print advertisements and catalogue pages.
Malle has been declared invalid as an EU word mark. Since 2004, the term Malle was a protected EU word mark, which was used to make license claims and warnings. Nevertheless, trademark protection for "Malle" is still valid; the judgement is not yet final and proceedings against the German word mark are also underway in
Marriott won a trademark dispute before the CFI on the likelihood of confusion between its own winged griffin vs. a winged bull. The core issue was whether a griffin and a winged bull are different fantasy or mythical creatures.
The Enlarged Board of Appeal of the EPO has published an important new opinion on patentability as a biopatent: it revokes its fundamental decisions G 2/12 and G 2/13 and resolves the conflict between Rule 28 and Art. 53 EPC.
The CFI confirms the likelihood of confusion between the Union word marks KENWELL and KENWOOD, both claimed for kitchen appliances and mixers. Although the second syllables -WELL and -Wood are different and English vocabulary, the signs have a medium degree of similarity.
A preliminary image at Instagram, a product placement in video - a disclosure of designs on the Internet has been faster than is generally known. Now there is a common EU decision practice, especially for the evidence of a disclosure of designs on the Internet.
The European Trademark Offices have agreed on a common decision-making practice in trademark law for the assessment of the distinctiveness of 3D marks / shape marks with additional elements. This has been in force since 1 April 2020 and leads to a further harmonisation of trademark law in the EU.
Part 2 of the MaMoG will enter into force on 1 May 2020. It concerns the proceedings for invalidity and revocation of a trademark, which can now be conducted either in court or before the DMPA.
A patent for a robot-controlled production line system was granted by the BPatG after a successful appeal. The patent application had initially been rejected by the DPMA because the main claim was considered to be close to the skilled person.
In its recent 'Royalty Pharma' judgment, the ECJ lists evaluation criteria for the term 'product' protected by a basic patent - even if it is not expressly mentioned in the claims of the basic patent. This is therefore also an important decision with regard to SPC.
An interesting case of likelihood of confusion was decided before the CJEU: in the trademark dispute Cimpress vs. Impress, the similarity of the signs was examined in Polish, although the intervener Impress GmbH operates mainly in Germany and both parties are German-speaking in the field of photo and print products.
A trade mark which is obviously not suitable for private use is considered to be a trademark in the course of trade if it is temporarily stored by a private person: the ECJ decided today on the interpretation of the EU Directive on Trade in Goods.