Trademark

A trade mark is a distinctive sign which indicates the origin of goods and services, usually refers to a registered trade marks

Confusion, descriptive, descriptive elements, Distinctive Character, Distinctiveness, Germany, Lack of distinctiveness, Level of similarity of marks, National law, National marks, Opposition, Similarity of marks, Trademark, Weak elements in trademarks

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The question of how far descriptive or non-distinctive trademarks which somehow managed to be registered may be enforced is of particular relevance in jurisdictions like Germany which acknowledge their incontestability ten years after registration. The more recent approach of the European Court of Justice (ECJ) was that it accepted likelihood of confusion also in a…

Article 8(5) EUTMR, conceptual difference, General Court, Trademark

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In the US to indicate two things which are truly… incomparable, one says “oranges and apples”. In continental EU, we  say “apples and pears”. This case deals indeed with apples and pears. On 31 January 2019, the General Court of the European Union had to decide about the similarity between an apple and a pear…

Confusion, Distinctive Character, Distinctiveness, Figurative mark, Opposition, Reputation, Switzerland, Trademark

(MLL Meyerlustenberger Lachenal Froriep AG)/ /Leave a comment

Yet another trademark dispute has been taken to court by APPLE. This time, APPLE lodged a trademark opposition against the letter „j“ trademark of an Italian incorporation by the name „Steve Jobs“ in front of the Swiss Federal Administrative Court (FAC) (B-1176/2017 (FAC)). After APPLE had failed to cancel the opposed trademark before the Institute…

EU Trademark reform, Germany, National law, Trademark

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On 14 January 2019, on the date of the deadline, the German Trademark Modernization Act entered into force (with the wonderfully uniquely German name of “Markenrechtsmodernisierungsgesetz” – short: “MaMoG”). The Trademark Modernization Act implements the mandatory and several optional provisions contained in the revised EU Trade Mark Directive 2015/2436 of 16 December 2015 in Germany….

Case law, functions, Germany, Infringement, Trademark

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It is longstanding practice in fashion to designate certain products not only by illegible article numbers, but by names. Many times male or female personal names are chosen. When there is a broad range of products, many names are needed by a fashion company. Many times these will not be needed for a long time,…

Trademark

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The Greek draft law implementing the European Trade Mark Directive 2015/2436 (the Directive) was uploaded on the compenet Ministry website for public consultation on January 11, 2019 and it will remain open for public consultation until January 25, 2019 (http://www.opengov.gr/ypoian/?p=9959). Upon completion of the public consultation, the draft law shall be brought before the Parliament…

Germany, Infringement, Preliminary ruling, Trade name, Trademark

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The Regional High Court of Nuremberg rejected a request for an interim injunction in a trade mark case on appeal, considering that the defendant had already stopped the trade mark infringement at the time when the applicant (plaintiff) was seeking injunctive relief (judgment of 10 October 2018, 3 W 1932/18). The court decided that it…