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.
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
Mc Donald's has temporarily lost its Big Mac brand for the European Union. EUIPO granted the request for cancellation of the trademark on Friday.
Due to the lack of distinctive character, neither fit + fun nor multifit can be protected as a Union word mark. An interesting judgment by the European Court on the distinctiveness of trade marks and on the acquisition of distinctiveness through use.
St. Andrews cannot be a Union word mark for events, the CJEU ruled today. The city of St. Andrews has thus lost a long-standing legal dispute over the famous name, which stands not only for the city but also for the Scottish elite university of the same name, where Prince William was already a student.
The first retailers are already pointing to Black Friday 2018. But what is the current legal situation: Has Black Friday been annuled as a German wordmark in the meantime? Do retailers participating in the campaign in Germany have to expect with another wave of warnings?
Medion AG won the LIFE trade mark dispute against LIFE COINS. The judgment of the European Court of Justice not only highlights the likelihood of confusion between Union word marks, but also between goods in Nice Class 38 for telecommunications services and Nice Class 9 for, inter alia, modems, mobile telephones and
The earlier trademark PINK LADY wins the fruit trademark dispute. In its judgment yesterday, the European Court annulled the previous EUIPO decision granting the EU wordmark WILD PINK for goods such as fruit and fruit essences.
Does the word mark COOKING CHEF GOURMET have a descriptive effect? The European Court of Justice, like the EUIPO, says "yes" and rejects the trademark registration. An effective advertising slogan does not mean that it gives consumers a guarantee about the origin of the goods and services.
In today's judgment, the European Court annulled the previous decision of both the Cancellation Division and the Board of Appeal of EUIPO declaring the EU trade mark FLÜGEL invalid for the goods "alcoholic beverages (except beer)" and "alcoholic essences". Red Bull loses in trademark dispute over its earlier word mark
If words from normal usage are placed under trademark protection, the courts distinguish exactly. The Federal Patent Court ruled: no trademark protection for "trial sample". However, registration was granted for pharmaceuticals, pharmaceutical products and preparations for health care.
Apple was victorious before the Court of Justice of the European Union in the trademark dispute over the famous apple. The focus was on the exploitation of the well-known earlier trademark through a stylized logo, but the similarities between word marks and figurative marks were also addressed.
Descriptive signs are excluded from trademark registration. There are often problems with trademark applications in Germany that have a more descriptive character in a foreign language. This also applies to the case of "Mangal", which was decided by the Federal Patent Court in 2016 and therefore made a lasting mark on
The CJEU ruled on Wednesday in the case Rutini versus Antonio Rubini - Italian wines against Argentine wines. At the same time, the Court clarified the dominance of the elements of a trademark and the distinctiveness of first or last names.
A first name can be used as company name and trade name - but what if the first name Otto is also a registered famous trademark? In the case Otto mail order company against Otto's Burger it was ruled by court yesterday, no likelihood of confusion was seen for the company's trademark "Otto".