A figurative mark in the European Union must have sufficient distinctive character, but must not be descriptive either. Accordingly, geometric shapes and forms of representation with lines and semicircles for trademark registration are frequently rejected. We give an overview in case law.
The German Patent and Trade Mark Office is misused as an alleged sender for invoices, payment requests or the registration of industrial property rights. In a current press release, the DPMA warns against fraud.
Apple and Qualcomm have ended their long-running patent dispute through a settlement and a new license agreement. Licensing agreements are becoming increasingly important throughout the digital economy.
In the Debrisoft II case, the Federal Supreme Court ruled as a guiding principle whether and to what extent the principles of exhaustion of trademark rights in parallel imports of medicinal products also apply to medical devices would only be relevant in the case of repackaging or re-labelling.
A patent infringer must surrender the profit he has made from the patent infringement - even after the limitation period for the liability for damages has expired. In a ruling on a guiding principle the BGH stated that there is a claim for residual damages for this profit and a comprehensive claim for information and
The German Patent and Trade Mark Office published statistics on AI patent applications in Germany on the occasion of its annual DPMA User Forum conference. The analysis of the last five years shows that the USA are by far leading, Germany is still in the midfield, and China tripled its patent applications in DE during
In several invalidity proceedings about its marks, Adapta invoked distinctiveness through use on the market. The European Court did not recognise the proof, but specified requirements for proof of distinctiveness acquired through use.
Fashion manufacturer Inditex won today before the European Court in the trademark dispute over the earlier trademark Zara. The court recognized a development of the fashion market in adjacent markets, that fashion items are combined with articles on travel trends.
The European patent 1 440 525 of the Dutch electronics group Philips is declared invalid in 7 out of 15 claims with effect for the territory of the Federal Republic of Germany. The patent in dispute is considered essential for the technical standard UMTS and LTE of mobile communication.
The form of a shoe sole of the Converse manufacturer All Star CV was declared invalid as a 3D trademark for shoes and components thereof, the CJEU ruled. The European court recognized screenshots of the online shop Zalando as evidence of known facts - the disputed sole was not presented to the consumer there from the
Achieving trademark protection for a slogan is difficult, but possible. The trade mark registration for the word mark "See More. Reach More. Treat More." for medical devices was rejected by the European Court, but granted for the word mark "WET DUST CAN'T FLY" for cleaning and vacuum cleaner. A subtle element in the
The Federal Patent Court declared the German part of the European patent on polymer foam invalid. This is part of many years of patent proceedings concerning polymer foam - important for all adhesive products.
Toyota announced yesterday that it will allow royalty-free use of nearly 24,000 hybrid vehicle technology patents. Such a patent release is trendy and does not only follow altruistic goals.
WIPO announced that the WIPO Global Brand Database will now be used to search for figurative marks based on new AI technology. WIPO considers the search results of the AI-based trademark search for similar figurative marks to have been considerably improved by the AI.
A mattress purchased online can also be returned without protective film in the revocation, the ECJ ruled. A mattress does not belong to the sealed goods, which are not suitable for the return for hygiene reasons.