The car manufacturer VW AG was successful before the European Court in obtaining VW design protection for three of its car models. Toy manufacturer Rietze had unsuccessfully filed an application for invalidity of the VW Community designs.
The Union figurative marks „Simply.Connected“ have no distinctive character as far as the Internet of Things is concerned. The European Court of Justice saw a slogan with the meaning "just or mainly connected" in the figurative signs and rejected the desired trademark registration as not distinctive - in the Nice
The Italian designer Andrea Incontri won for the time being in the dispute over the desired trademark registration of his own name, under which Incontri also operates its own fashion label. In the European court it was about the dominance of first and last names, but not about the fashion label.
The European Patent Office (EPO) has revoked Bayer AG's controversial Monsanto biopatent, which was intended to protect the breeding of broccoli to facilitate harvesting. It is the first revocation of a biopatent since the introduction of the newly revised EU regulation for biopatents in 2017.
According to the European Court, an EU figurative mark consisting of four intersecting lines is not similar to an earlier figurative mark of the well-known sports mark Asics, which also consists of four intersecting lines. The overall visual impression of the respective figurative marks is completely different.
GUGLER France lost the trade mark dispute concerning the Union figurative trade mark GUGLER before the CJEU. The focus was on the question of a likelihood of confusion with regard to the indication-of-origin function of the disputed trademark in comparison to the earlier national company GUGLER France.
The CJEU sees no likelihood of confusion for Deutsche Post AG and its protected earlier trademarks POST, INFOPOST and ePOST by the trademark application InPost. The reasoning shows: if "in" is not used correctly in grammatical terms, it serves to differentiate brands.
Is the Union figurative trademark "ALPINEWELTEN Die Bergführer" descriptive? The Court of Justice of the European Union did not recognise a sufficiently original stylized representation in the figurative element and thus held the signs in question to have a descriptive character.
Is the hotel name "Vienna House" descriptive? The EUIPO says "yes" and rejects the trademark registration. Because customers could expect the "typical Vienna style" in the "Vienna House" Hotel:
Nestlé lost the trademark dispute in the CJEU a few days ago over the 3D brand Koala Bears. In the centre of this dispute was the use of an earlier national trade mark and especially the necessary scope of use of an earlier mark.
The fact that a word mark must not be descriptive and that there must be no likelihood of confusion or deception is a recurrent basis for judgments in trademark law. A more unusual case was now decided by the CJEU: Sherpa versus Sherpa - identical or similar? And what are the benefits of a subsequent restriction of the