We all know that highly famous marks enjoy a kind of “universal” protection for (almost) any goods and services. However, for only “average” well-known marks”, the threshold of…
In case you are engaged in a “hot dispute” in this hot summer, so as to “cool-off” a bit, this is to start a discussion about settlement options for pending litigation.
[A lawsuit…
Under EU trademark law, a trademark may be revoked if it becomes a misleading indication as to the nature, quality or geographical origin of the goods or services it designates after the date on…
Inspired by my co-blogger Agnieszka Sztoldman’s August post on Teva’s headache over slogan (EU) trade marks, and the mood-lifting granting of protection to the slogan “STIMMUNG HOCH ZWEI” in Austria…
The Austrian courts recently had the opportunity to provide some clarifications as to when a geographical indication, which is not protected as such under EU legislation, may be registered as a…
(Updated as of 21.05.2020 due to further changes in legislation and to provide clarifications)
Austria, as many other countries, adopted legal measures to extend deadlines with a view to the COVID-19…
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…
On imitation marketing and locally limited likelihood of confusion between the product get-up of “Mozartkugel” confectionery.
The city of Salzburg is not only the birthplace of Wolfgang…
Can the use of “KHG” infringe the name rights of “Karl-Heinz Grasser”?
Former Austrian Minister of Finance Karl-Heinz Grasser is widely known as KHG. After his term, which ended in 2007, he was…
When doing clearing searches for new trademarks, companies often find themselves facing one or several old trademark registrations that are subject to the use requirement and apparently not in use.…
