The Italian designer Andrea Incontri won the European court's case for the time being in the dispute over the desired trademark registration of his own well-known name, under which Incontri also operates its own fashion label. In court it was about the dominance of first and last names, but not about the well-known
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.
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.
An SPC cannot be granted for a medicinal product which is protected in the basic patent and already on the market - even if a new formulation of an "old" active substance of this medicinal product represents and the effect is thus improved, the ECJ ruled in the case Abraxis.
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.