The European Union Intellectual Property Office (EUIPO) is a central body based in Alicante, Spain, which administers EU registered trade marks and registered designs, registered IP rights which have effect across the whole of the EU.
Reason prevailed: on 5 October 2020 (T-602/19), the General Court of the European Union granted the action of Eugène Perma France against the EUIPO and held that the marks NATURALIUM and NATURANOVE could not be considered confusingly similar only because both started in “NATURA”. Surprisingly, both the Opposition Division and the Fourth Board of Appeal…
There are still many IP professionals who are nostalgic of the “good old times” when instead of having to laboriously and meticulously identify the list of goods/services it was sufficient to simply indicate the “class heading” and et voilà you got protection for everything in the class. Yet, there were dangers lurking under this apparent…
As readers may recall, the General Court rendered a judgment around two years ago in the Asolo v Red Bull case (known under FLÜGEL – T-150/17 of 4 October 2018) ruling on similarity, or rather dissimilarity, between alcoholic and non-alcoholic beverages. While the FLÜGEL case concerned specifically energy drinks vs. alcoholic drinks, the General Court…
On 17 September the CJEU handed down a long-awaited judgment on a matter that thrilled sports fans and the IP community (C-449/18P, C-474/18P, available in French and Spanish). Footballer Lionel Messi Cuccittini is allowed to register his surname as a trademark for a sportswear brand after a nine-year legal battle. The trade mark is a…
The first instance court of Barcelona held that that the trade mark device of a dinosaur on a biscuit must remain in the public domain, ruling against the claimant in a trade mark and unfair competition lawsuit (judgement available here, and post here). The Appellate Court (judgement No. 629/2020 of March 23, 2020) has now…
On 30 April 2020, Advocate General Giovanni Pitruzzella (AG) delivered his opinion in the matter C809/18 P related to the conditions for application of Article 8(3) of Regulation 2017/1001 which provides a specific ground for refusal allowing owners of, in practice foreign, marks to oppose filings for EU trade marks made by their agent or…
Is this the (only) ONE? The General Court denies likelihood of confusion, contrary to EUIPO In one of its last decisions in…
With the original Brexit date now having passed (29 March 2019), it is worth reflecting on where we now find ourselves, as brand owners/IP professionals with interests in the UK and EU. The EU has granted the UK a ‘flextension’ to the Article 50 period until 31 October 2019, with the option to leave sooner…
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…
This case is about the genuine use of shape marks. M J Quinlan & Associates PTY Ltd. of Australia own a 1999 registration for the shape of a kangaroo. The mark is protected for potato snacks and potato crisps. The plaintiff owns or owned a patent and design rights to the kangaroo-shaped crisps which were…
