A trade mark is a distinctive sign which indicates the origin of goods and services, usually refers to a registered trade marks
An administrative non-use revocation action has been available in Switzerland since January 1st, 2017. This action can be filed before the Swiss Trademark Office (IPI) against both National Swiss Trademark Registrations and Swiss designations of International Trademark Registrations. Earlier this year, the IPI published a first statistical report regarding the newly introduced procedure: 61 revocation…
Earlier this year, the Court of Appeal of Milan upheld a 2015 ruling by the Court of Milan which recognized copyright protection of the concept store of Kiko, the Italian make-up brand, and blocked competitor Wycon from using similar store decor in its shops. (Court of Appeal decision no. 1543/18, Kiko-Wycon, March 26, 2018). Kiko’s…
More than four years since major amendments to the Canadian Trademarks Act were passed, the government has signaled that implementation is finally expected in the spring of 2019. These changes are the most significant changes since the 1950’s. The following changes are of primary interest: Elimination of use as a requirement for registration. Registration will…
In Germany, the Higher Regional Court Düsseldorf decided that trademark rights were not exhausted in a case where luxury cosmetic products were offered at a German discounter. The Court held that the offer of the luxury cosmetic products at the discounter stores as well as at the discounter’s online-shop would be detrimental for the image…
We recently reported on the introduction in Greece of mandatory mediation in trademark infringement disputes in this blog here. The respective legal provisions of law 4512/2018 shall start to apply as of 17 October 2018. On 28.6.2018, the Greek Supreme Court’s administrative plenary panel issued an opinion holding that the mandatory mediation introduced by this…
The wordings of Article 7(1)(f) EUTMR (for ease of reference: ‘trade marks which is contry to public policy or to accepted principles of moral’) and the Danish equivalent – Section 14(1)(1) of the Danish Consolidate Trade Marks Act – are very broad and allow much room for interpretation. A judicious application of this provision necessarily…
Cour de Cassation, Chambre Commerciale, January 31, 2018, Appeal No. C 16-10.761 The French Supreme Court emphasizes that the reputation of the earlier mark is a relevant factor in the assessment of likelihood of confusion and gives it wider protection. In 2009, adidas initiated an infringement action in France relying on its famous three stripes…
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…
The issue of registration of state names as trademarks has recently been the subject of a Paris Court of Appeal ruling (22 September 2017). The US company France.com Inc. was the proprietor of the domain name “france.com” registered since 1994. The Dutch company Traveland Resorts registered in its own name a number of…
By virtue of law 4512/2018, which was published on 17 January 2018, all disputes concerning trademarks, patents and industrial designs initiated before civil courts in Greece are subject to mandatory mediation. Hearing of the cases shall be inadmissible if the mediation process stipulated in the law has not been followed. The provisions shall start to…
