CeramTec GmbH is the owner of the color trade mark IR 1‘109‘076 claiming protection for a shade of pink (Pantone 677, see image). At the beginning of 2012, CeramTec applied for the extension of protection to Switzerland for said trade mark in connection with goods of class 10: “femoral head spheres, acetabular cup, all the…

The Federal Administrative Court partially overturned a decision of the Swiss Federal Institute of Intellectual Property (IGE) refusing protection for Apple’s word mark “iMessage” for telecommunication services in class 38.   The Administrative Court agreed with the IPO that “iMessage” lacked original distinctiveness for messaging services, because such services were closely linked to the internet,…

In Copenhagen around one third of the workforce bike to work. That amounts to more than one million kilometers being pedaled every day. Next to the Dutch the Danes are the population in Europe that bike the most. For this reason it is only natural that conflicts should arise in Denmark between owners of trademarks…

The Swiss Federal Administrative Court overturned a decision of the Swiss Trademark Office and allowed the word marks “SCHWEIZER SALINEN”, “SALINE SVIZZERE”, “SALINES SUISSES”, “SWISS SALINES”, “SWISS SALT WORKS” on the ground that these were distinctive by virtue of the monopoly that the Applicant enjoys on the Swiss salt market. Schweizer Salinen AG’s five Swiss…

Lionsgate and Dirty Dancing Lionsgate Entertainment Inc. owns the rights to the film Dirty Dancing, released in 1987. The film is iconic for its dance scenes and its message of love conquering everything. It has earned hundreds of millions from box office and DVD sales. Lionsgate and their licensees have released many other works, products…

The Spanish Supreme Court has held that there is no risk of confusion between the word trade mark “Toro” (owned by Osborne Group, S.A., the notorious beverage company) and the word trade mark “Badtoro” (owned by Jordi Nogués, S.L., and filed for goods and services in classes 25 and 35 – relating to clothing-). Firstly,…

A recent judgment by the Beijing IP Court has thwarted Apple’s attempts to obtain trademark protection for the standby screen of the iWatch! Apple may appeal this judgment. On 13 November 2014 Apple had applied to file the sign depicted in Figure 1 as a trademark in China in classes 9, 10, 14, and 38….

In cancellation proceedings the German Federal Patent Court denied registrability to a 3-D-mark depicting a chocolate stick for chocolate products largely based on evidence it had collected on its own motion (Decision of 22 April 2016 on Case 25 W(pat) 8/09). The International Registration (“IR”) depicted below was registered in December 2005 in Germany. In…