When doing clearing searches for new trademarks, companies often find themselves facing one or several old trademark registrations that are subject to the use requirement and apparently not in use. Thus, they may consider bringing a cancellation action for non-use against the trademark(s) in question. Companies are sometimes hesitant to bring such actions because they…

Kluwer has finally released the second edition of its “European Trademark and Design Law” commentary, edited by the eminent Charles Gielen (known to many British practitioners from his expert witness role in the WAGAMAMA case), and the co-editor of this blog, Verena von Bomhard. This work appears as a series of short article by article…

On September 23, 2016 the EU Commission published its Report on EU customs enforcement of intellectual property rights for 2015 – the annual publication of the result of customs actions at the EU external borders. As in previous years, the Report contains statistical information about the detentions made under customs procedures and includes data on…

There was not much about trademarks during this year’s AIPPI Congress, which was held from September 16 to 20 in Milan (see Panel Sessions and Study Questions). Most of the discussions were focused on such hot topics as the Unified Patent Court or Brexit (the latter of course involving some important trademark-related aspects) and one…

On July 5, 2016 the EU Commission published its “notice on the customs enforcement of Intellectual Property Rights concerning goods brought into the customs territory of the Union without being released for free circulation including goods in transit” (in short: “Transit Guidelines”). The document is a slightly delayed reaction to the recent changes in the…

In a judgment of 12 November 2015, the Court annulled the Fourth Board of Appeal’s decision refusing to suspend opposition proceedings, even though the trademark applicant proved that it has filed for revocation of the Romanian mark held against registration of its mark – by the way the baby food mark ALETE, which is very…

The Austrian Supreme Court (short “the Court”) denied a motion for a preliminary injunction (short “PI”) against the use of the mark “Duff (BEER)” based on the Claimant’s EUTM “Duff”, since the EUTM could be declared invalid on the basis of Defendant’s earlier German trademark rights (decision of 27.01.2016, 4 Ob 183/15p  – DUFF Beer)….