A judgment of the General Court demonstrates the controversial and problematic nature of retail services marks. The ALDI/ALDIANO Case The case concerns Aldi, the discount chain. An Aldi entity (in the following “Aldi”) filed an application for the declaration of invalidity against the EUTM ALDIANO, registered for “alcoholic beverages (except beers)” (class 33). Aldi relied…

As expected, frankly wished for, and previously reported on this blog (see here), the EUIPO appealed the General Court’s Ape Tees decision (T-281/21) to the Court of Justice. The Court allowed this appeal to proceed on 16 November 2022, recognising that the appeal raises issues relating to the fundamental principles of “unity, consistency and development…

https://www.top-fashion.sk/moda/made-in-czech-slovakia/5521-nehera-nekonvencna-moda-so-silnym-pribehom https://nehera.com/en Vintage marks – marks that only live on in people’s memories, but not on the market – face the challenge that trademarks that are not used can be cancelled. This conundrum has already been addressed in the earlier post on the CJEU Testarossa judgment. One such vintage mark that gave rise to a…

  In two parallel decisions of 19 October 2022, the General Court confirmed the cancellation of the figurative “Lío” marks as shown above registered in the name of a German individual (let’s call him B) on grounds of bad faith (T‑466/21 and T‑467/21), confirming the EUIPO Fifth Board of Appeal on all points. The facts…

                                          Readers might recall an earlier article (see here) discussing the positions of the General Court (GC) and the EUIPO’s Boards of Appeal (BoA) regarding (dis)similarity between alcoholic and non-alcoholic beverages. By way of a…

The UK finally said bye-bye to the EU, but for how long will UK-based rights still matter in deciding EUTM-related controversies? This is the subject of two recent decisions by the General Court, i.e.  the Basmati case, T‑342/20, decided on October 6, 2021, and the subsequent APE TEES case, T‑281/21, decided on March 16, 2022. In…

On 21st December 2021, the General Court (GC), in case T-369/20, dealt with “likelihood of association” setting out a double test which seems to be at odds with the previous case law, notably the landmark Sabel case (C-251/95). The EUTM application “CEFA Certified European Financial Analyst” in classes 9 and 41 was opposed on the…

We surely cannot. With Messi (see cases C-449/18P and C-474/18P MESSI)  and Miley Cyrus (case T‑368/20 MILEY CYRUS), we learnt that reputation or renown of (personal) names is a factor which should be taken in consideration when comparing marks and which may ultimately exclude confusion with an earlier similar mark. However, two recent cases seem…

On 14 July 2021 the General Court (The Court) issued a decision in a matter between Cole Haan LLC (Cole Haan) and the Danish clothing company Samsøe and Samsøe Holding A/S (Samsøe and Samsøe) in the case T-399/20. The Court found the trademark applied for by Cole Haan consisting of the letter ‘Ø’ from the…