The European trademark package published in the EU Official Journal on 24 December 2015 brings numerous amendments of the EU Trademark Regulation and EU Trademark Directive. From the point of view of Czech and Slovak Industrial Property Offices, the reform package will result in a major procedural novelty consisting in the applicant’s right to require…

On 20 January 2016, the Chancery Division of the High Court issued its judgment on the latest appeal concerning Nestlé’s attempt to register the 3D shape of its four-fingered bar. Sadly for Nestlé, in a double blow, Mr Justice Arnold dismissed their appeal against an earlier decision to refuse the registration of their shape mark…

17 IP-Offices of the European Trademark and Design Network, including OHIM, have agreed on a Common Practise regarding the scope of protection of black and white (hereafter B&W) marks. See Common Practise CP4. This Common Practise is not applicable in e.g. Denmark, as Denmark, Sweden and Norway have opted out of the implementation of the…

Once again, the General Court has found a three-dimensional mark consisting of a product shape not sufficiently distinctive for registration. This time, the shape in question was that of a vehicle, and it was held non-distinctive in relation to automobiles and related goods. Background of the case Jaguar Land Rover Ltd. had applied for the…

For those who have been wondering ever since the PAGO International ruling (C-301/07) if the owner of a CTM with a (proven) reputation in one or a few member states can also enforce it as a „mark with a reputation“ in other member states, the CJEU has now provided clarification in its judgment of 3 September…

While many commentators discussed the judgment of CJEU of 16 September 2015 in the case C-215/14. – Société des Produits Nestlé SA v Cadbury UK Ltd. – also known KIT KAT case, most of them debated on whether Nestlé or Cadbury is the winner of the referral and now are eagerly await the judgment of…