The judgment of the General Court (GC) concerns a textbook case and addresses the typical arguments in trademark conflicts in the cosmetics sector. Facts The Applicant, Azalee Cosmetics, applied for registration of the following sign as an EU trademark for cosmetic products (class 3), cosmetic utensils (class 21), corresponding retail services (class 35) and beauty…

A few days ago, we reported that the Executive Director (ED) of the EUIPO had referred questions to the Grand Board of Appeal  (see here) . The full referral has now been published (see here) so that stakeholders can present observations to the Grand Board under Article 37(6) EUTMDR. The referral regards the decision by…

On April 2nd, the EUIPO has publicly announced the first referral by the Executive Director to the Grand Board of Appeal pursuant to Article 159(4)(l) of the EUTMR n.  2017/1001 in conjunction with Article 37(4) and (5) of EUTMDR n. 2018/625   (see at https://www.euipo.europa.eu/es/news/first-referral-of-questions-by-the-executive-director-to-the-grand-board-of-appeal ). The main issue regards the Board of Appeal (BOA) decision…

On 18 January 2024, in case C-367/21 (still no English version) the CJEU ruled again on the exhaustion of EU trade mark rights (following its five rulings of 17 November 2022 including C-175/21 Harman International Industries, C-224/20 Merck Sharp & Dohme, and C‑204/20 Bayer Intellectual Property). The Polish IP Court had referred questions to the…

We UK lawyers view with interest the developments in the “Brexit cases”, resulting in appeals to the CJEU in 3 cases, as discussed in various previous posts on this blog, the latest being the summary (here) of the AG opinion in the first case, BASMATI. The BASMATI case, and the related “Brexit cases” APE TEES…

On 25 January 2024 the CJEU issued the long-awaited judgement in the already famous AUDI case (C-334/22). This judgment confirms the possibility of Audi trade mark infringement in terms of the legal interpretation which will be further determined by a national court. The court ruled in AUDI’s favour, stating that a car manufacturer can prohibit…

On AG Szpunar’s Opinion in Case C-801/22 P BASMATI was the first of the appeals to the CJEU in the three „Brexit cases“. The other two are APE TEES (EUIPO v Nowhere, C-337/22 P) and SHOPPI (Shopify v EUIPO, C-751/22 P, see here and here)). The CJEU allowed all three appeals to proceed, and in…

A recent decision by the General Court deals with the weight of figurative elements in the overall impression of a sign. Facts The applicant applied for the registration of the following sign as an EU trademark for ‘publication of printed matter for advertising purposes’ (class 35) and for ‘entertainment services’ in class 41: The intervener…

Registrability of Works of Art as Trademarks   Recently, the European Union Intellectual Property Office (“EUIPO”) and the Hungarian Intellectual Property Office (“HIPO”) have been asked in several cases to examine whether a work of art, in particular a painting, can be registered as a trademark. If a work of art is protected by copyright,…

In Case C-654/21, the CJEU ruled on a reference for a preliminary ruling from the Sąd Okręgowy w Warszawie (XXII Division of the District Court in Warsaw, Poland) in a dispute between two individuals. The dispute concerned an action for infringement of the European Union trade mark “MULTISELECT” brought before the Warsaw IP Court and…