Registrability

Registrability is the eligibility of a trade mark for registration based on criteria set down in law.

Case law, Community Trademark, Figurative mark, Infringement action, Lack of distinctiveness, Registrability, Sweden

(Cirio Law Firm)/ /Leave a comment

In the Stockholm District Court judgment of March 22, 2016, the UK company Textilis, Ltd (‘Textilis’) was found infringing, amongst others, the Swedish company Svenskt Tenn Aktiebolag’s (‘Svenskt Tenn’) figurative EUTM ‘Manhattan’ (shown below). The case concerned two questions, namely whether (a) there was infringement in Sweden and (b) the trade mark is valid. This case relates…

3D Trademark, Case law, Germany, Registrability, Shape marks

(SBGK Attorneys at Law and Patent Attorneys)/ /Leave a comment

The Schogetten chocolate cases from Germany and Hungary are an example of how differently courts in the member states can still interpret what is essentially the same trademark. This blog deals with the Schogetten chocolate case in Germany (Higher Regional Court Cologne, 15 August 2014 – 6 U 9/14) and Hungary (Fővárosi Törvényszék – 2015….

3D Trademark, Case law, European Union, Lack of distinctiveness, Registrability, Shape marks

(Stobbs IP)/ /Leave a comment

On 20 January 2016, the Chancery Division of the High Court issued its judgment on the latest appeal concerning Nestlé’s attempt to register the 3D shape of its four-fingered bar. Sadly for Nestlé, in a double blow, Mr Justice Arnold dismissed their appeal against an earlier decision to refuse the registration of their shape mark…

3D Trademark, Case law, CJEU, European Union, Registrability

(Bomhard IP)/ /Leave a comment

Once again, the General Court has found a three-dimensional mark consisting of a product shape not sufficiently distinctive for registration. This time, the shape in question was that of a vehicle, and it was held non-distinctive in relation to automobiles and related goods. Background of the case Jaguar Land Rover Ltd. had applied for the…