| The General Court is first level court of the European Union, previously known as the Court of First Instance. |
It does not happen every day that you can see a trademark case decided by the EU General Court with a Polish claimant (EUTM applicant), represented by his Polish attorney, with a Polish judge as the rapporteur and even with Polish national acting as the EUIPO’s representative. One of very few non-Polish aspects of this…
Muesli – denied recognition in its birth place (T-103/16) Refusal of EUTM application for based on earlier mark ALPEN for cereals For many Europeans, the Alps are a common denominator for mountains, milk, dairy products, muesli, chocolate, ski, hiking, peacefulness or natural wonders. However, the General Court had a slightly different view. In its…
The case of CWS-Lackfabrik Conrad W. Schmidt GmbH & Co. KG v Policolor, looks at traditional issues as likelihood of confusion, but also at the thorny issue of whether earlier rights need to be valid at the time of issuing a decision or only at the relevant date for the cause of action. Lackfabrik owned the…
In a judgment of 12 November 2015, the Court annulled the Fourth Board of Appeal’s decision refusing to suspend opposition proceedings, even though the trademark applicant proved that it has filed for revocation of the Romanian mark held against registration of its mark – by the way the baby food mark ALETE, which is very…
On 18 February 2016, the General Court issued its decision in the HARRY’S BAR case (T-711/13 and T-716-13), where, adopting a rather broad brush approach, it held that food and beverage products were similar – at least to a certain degree – to services of provision of food and drink in class 43. Harry’s New…
