The European Union Intellectual Property Office (EUIPO) is a central body based in Alicante, Spain, which administers EU registered trade marks and registered designs, registered IP rights which have effect across the whole of the EU.
A few days ago, we reported that the Executive Director (ED) of the EUIPO had referred questions to the Grand Board of Appeal (see here) . The full referral has now been published (see here) so that stakeholders can present observations to the Grand Board under Article 37(6) EUTMDR. The referral regards the decision by…
On April 2nd, the EUIPO has publicly announced the first referral by the Executive Director to the Grand Board of Appeal pursuant to Article 159(4)(l) of the EUTMR n. 2017/1001 in conjunction with Article 37(4) and (5) of EUTMDR n. 2018/625 (see at https://www.euipo.europa.eu/es/news/first-referral-of-questions-by-the-executive-director-to-the-grand-board-of-appeal ). The main issue regards the Board of Appeal (BOA) decision…
On 13 March 2024, the General Court (3rd and 7th Chamber) issued two judgments dealing with weak marks in the sense the most trademark practitioners applaud, namely granting descriptive elements in trademarks only a minimal scope of protection. In both cases, this led to the GC confirming the decisions of the Fifth Board of Appeal…
All trademark news that you might have missed last month in one convenient overview. Read up on the latest news reported by the Kluwer IP Reporter. EUIPO adopts CP13, CP14 Common Practices In November 2023 the management board of the European Union Intellectual Property Office (EUIPO) adopted the CP13 Common Practice (Trade mark applications made…
Part 1 of this year’s retrospective provided a general overview over the GC case law from 2023 with numbers and a special focus on genuine use cases. Part 2 now focuses on weak marks. The reader is asked for forgiveness for the unusual length of this post… On social media (in particular LinkedIn), one could…
The year is ending and so it is time, once again, to look at what has been coming out of the General Court (GC) over the past 12 months. While the numbers here are only approximate, resulting from searches on the Curia website and on Darts-ip, they do give an idea of what the GC…
A recent decision by the General Court deals with the weight of figurative elements in the overall impression of a sign. Facts The applicant applied for the registration of the following sign as an EU trademark for ‘publication of printed matter for advertising purposes’ (class 35) and for ‘entertainment services’ in class 41: The intervener…
To which extent can the General Court review decisions by the EUIPO Boards of Appeal (BoA) is an issue never properly addressed, and one that the CJEU has found to be “significant with respect to the unity, consistency or development of EU law”. Thus, with its order of July 11, 2023, it allowed an appeal…
As expected, in its decision of 21 December 2022 (T-44/22), the General Court (GC) upheld the refusal of the packaging design shown above on the right as a trademark for tobacco products in class 34, agreeing with the EUIPO that it would take unfair advantage of the reputation of the Marlboro rooftop mark. The trademark…
A recent decision of the EUIPO’s Fourth Board of Appeal (BOA) dealing with conversion deserves a closer look at this instrument, and at the practice of the EUIPO relating to conversion (decision of September 26, 2022, Case R 1241/2020-4). To recap: when an EUTM application fails, or a registered EUTM is cancelled, it can be converted…
