In a trade mark application, the applicant can restrict the goods and services at any time. This also applies during proceedings before the Board of Appeal and regardless of whether a statement of grounds was filed, the European Court ruled in proceedings concerning the well-known figurative mark of mobile, the
World footballer Neymar won today in the trademark dispute over his own famous name before the European Court. The word mark NEYMAR was registered as a trade mark in 2012. Today's judgment confirms the declaration of invalidity of that mark and also finds trademark filing in bad faith.
While the world looks at the trade negotiations between USA and China for a trade deal, we look at trademark infringement in China. Your own brand has already been granted to a Chinese company? Legal action can be taken against trademark infringement in China.
The shape of a gold-plated bottle as well as a pink coated bottle can be protected as a 3D Union trademark. So decided yesterday the court of the European Union. This is another important judgment for three-dimensional union marks in the packaging sector.
The slogan "Think different" by Apple is considered to be one of the most famous slogans. Watch manufacturer Swatch in turn advertises its watch with the slogan "Tick different". In this trademark dispute over this slogan, Apple lost to Swatch twice in recent weeks.
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.
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 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
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.
The ECJ ruled that a sign of an structured colour combination cannot be registered as a colour mark. This is an important judgment in the border area between figurative mark and colour mark and also position mark. A lack of clarity in such a trademark application leads to a contradiction and to the exclusion of the
The Japanese Board of Appeal refused the registration of the word mark Grand Canyon - while the ECJ allowed the registration of the word mark Neuschwanstein. The question in both cases was: is a well-known geographical name regarded as an indication of origin?
A 2D pattern does not merge with the shape of the product if it is applied to goods such as paper or textile whose shape differs from these decorative designs, the ECJ ruled today.