The Federal Administrative Court finds that APPLE cannot be protected as a trade mark for jewelry (cl. 14) and electronical toys including computer games (cl. 28). The Court says that the shape of an apple is of common use and understood as a reference to a feature of those products. The Institute for Intellectual Property…

Puma´s earlier mark Applicant´s mark       By judgment of 28 June 2018 (C‑564/16 P), the CJEU rejected an appeal filed by the EUIPO. The case was, in essence, about whether and to which extent the EUIPO could or even had to take into account its own previous decision practice, including findings of fact…