Registrability

Registrability is the eligibility of a trade mark for registration based on criteria set down in law.

3D Trademark, Case law, Food, individual character, Lack of distinctiveness, National law, Registrability, Shape marks, Switzerland, Trademark, Weak elements in trademarks

(MLL Meyerlustenberger Lachenal Froriep AG)/ /Leave a comment

In a recent judgement, the Swiss Federal Administrative Court once again confirmed its (too) strict position with regard to the registration of shape marks. The court ruled that a three-dimensional mark consisting of the graphical background of a popular chocolate bar’s packaging could not be registered since the design was not perceived as an indication…

3D Trademark, Distinctiveness, Registrability, Shape marks, Switzerland, Trademark

(MLL Meyerlustenberger Lachenal Froriep AG)/ /Leave a comment

Shape mark: form of a drinking bottle lacks distinctiveness in relation to perfumes A recent judgement of the Swiss Federal Administrative Court highlights the strict practice for the registration of shape marks. The court ruled that a 3D mark for perfumes cannot be entered in the trade mark register for perfumes in Class 3, since…

Case law, Confusion, Domain name, Figurative mark, Germany, Jurisdiction, Registrability, Sign used in the course of trade, Switzerland, Trade name, Trademark

(MLL Meyerlustenberger Lachenal Froriep AG)/ /Leave a comment

The German Football Association (DFB) owns the international mark “Deutscher Fussball-Bund” (with device) with basic registration in Germany (see image below), claiming protection for a wide variety of merchandise. The registration was notified to the Swiss Federal Institute of Intellectual Property in April 2014. The Swiss Federal Institute of Intellectual Property refused to protect the…

Case law, Evidence, Lack of distinctiveness, National marks, Registrability, Sign used in the course of trade, Switzerland, Trademark

(MLL Meyerlustenberger Lachenal Froriep AG)/ /Leave a comment

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…

Lack of distinctiveness, Registrability, Switzerland

(Tradamarca)/ /Leave a comment

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…

EUIPO, EUTM, Lack of distinctiveness, Registrability

(Lubberger Lehment )/ /Leave a comment

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…

3D Trademark, Case law, Germany, Registrability, Shape marks

(b/cl IP)/ /Leave a comment

Following a request for cancellation, the Federal Patent Court decided to cancel a shape mark for sweets arguing that it exclusively consisted of a shape necessary to obtain a technical result (Decision of the Federal Patent Court of 27 December 2016 on Case 25 W (pat) 59/14). The cancellation request was directed against the German…

3D Trademark, Case law, Figurative mark, Food, Germany, Lack of distinctiveness, Registrability, Shape marks

(b/cl IP)/ /Leave a comment

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…

Case law, Community Trademark, Figurative mark, Infringement action, Lack of distinctiveness, Registrability, Sweden

(Cirio Law Firm)/ /Leave a comment

In the Stockholm District Court judgment of March 22, 2016, the UK company Textilis, Ltd (‘Textilis’) was found infringing, amongst others, the Swedish company Svenskt Tenn Aktiebolag’s (‘Svenskt Tenn’) figurative EUTM ‘Manhattan’ (shown below). The case concerned two questions, namely whether (a) there was infringement in Sweden and (b) the trade mark is valid. This case relates…

3D Trademark, Case law, Germany, Registrability, Shape marks

(SBGK Attorneys at Law and Patent Attorneys)/ /Leave a comment

The Schogetten chocolate cases from Germany and Hungary are an example of how differently courts in the member states can still interpret what is essentially the same trademark. This blog deals with the Schogetten chocolate case in Germany (Higher Regional Court Cologne, 15 August 2014 – 6 U 9/14) and Hungary (Fővárosi Törvényszék – 2015….