It is longstanding practice in fashion to designate certain products not only by illegible article numbers, but by names. Many times male or female personal names are chosen. When there is a broad range of products, many names are needed by a fashion company. Many times these will not be needed for a long time,…
As already noted by fellow bloggers in respect to a number of countries, the new Trademarks Directive [Directive (EU) 2015/2436 of 16 December 2015], short “TMD” also required amendments to the Austrian Trademark Law Act. Austria opted for an implementation in two steps: the first set of amendments already entered into force (mostly) on 01…
The Greek draft law implementing the European Trade Mark Directive 2015/2436 (the Directive) was uploaded on the compenet Ministry website for public consultation on January 11, 2019 and it will remain open for public consultation until January 25, 2019 (http://www.opengov.gr/ypoian/?p=9959). Upon completion of the public consultation, the draft law shall be brought before the Parliament…
As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2019 to all of our readers, as well as reflect on developments in trademark law over the past year. Last year was a busy one with a number of landmark CJEU decisions and significant developments…
With decision of 15.10.2018 on case T-7/17, the General Court (GC) has clarified an important factor for applicability of Article 8(3) EUTMR, on the prohibition for registration of a trademark filed by an agent or a representative of the trademark owner. However, as the GC’s decision has been appealed (C-809/18 P), we will have to…
The Royal Decree-Law (link) implementing the European Trade Marks Directive 2015/2436 was published in the Official State Gazette on December 27. The main part of this legislation amending the Spanish Trade Mark Law will come into force on January 14, 2019. The main points to be highlighted are as follows: Competence of the Spanish Patent…
Not for the first time this year, have we seen the granting of copyright protection on a project of interior furnishing. Following the Court of Milan’s ruling which recognised copyright protection of Kiko’s concept stores, the Court of Venice was also called to pronounce – in the context of an interim proceedings – on the…
The Hungarian Parliament passed Act LXVII of 2018 (the ‘Amending Act), which is bringing about the most fundamental changes to trademark law since Hungary’s accession to the EU. The amendments will enter into force as of 1 January 2019. In a historical contect, Act XI of 1997 on Trademarks and Geographical Indications established modern trademark…
The International Trade Commission (ITC) erred when it reassessed the sufficiency of Laerdal Medical Corp.’s trade dress claims against defaulting respondents after instituting an investigation of the claims, the U.S. Court of Appeals for the Federal Circuit has held. Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. §1337, unambiguously requires the…
On 1 January 2019, the amendments to the Swedish Trademark Act enter into force. In many aspects, the implementation is straightforward and what anyone familiar with EU trademark law would expect. This includes the removal of the requirement for graphical representation, the possibility for the applicant to require an opponent to prove use of an…
