A trade mark is a distinctive sign which indicates the origin of goods and services, usually refers to a registered trade marks
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….
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,…
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…
As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2019 to all of our readers, as well as reflect on developments in trademark law over the past year. Last year was a busy one with a number of landmark CJEU decisions and significant developments…
The Hungarian Parliament passed Act LXVII of 2018 (the ‘Amending Act), which is bringing about the most fundamental changes to trademark law since Hungary’s accession to the EU. The amendments will enter into force as of 1 January 2019. In a historical contect, Act XI of 1997 on Trademarks and Geographical Indications established modern trademark…
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…
Amendments to the Czech and Slovak Trademark Acts implementing the EU trademark reform of 2015 have been recently passed by the respective parliaments. The amendments will become effective on 1 January 2019 in Czechia and on 14 January 2019 in Slovakia. There are 3 major changes to be noted: 1) New definition of a trademark…
The issue of whether domain registrars shall be liable for online infringements has been actively debated in Russia for the recent 3 years. Starting from a remarkable MMK vs. REG.RU case (А40-52455/2015), where the IP Court refused to apply the regime of information intermediaries. After several futile attempts, the IP Court’s recent decision in Azbuka…
On October 17, 2018 Canada legalized recreational cannabis, offering opportunities and challenges for businesses in this emerging field. Even before legalization, there was a notable increase in Canadian trademark filings covering cannabis products, services and related accessories. Unfortunately, many of these mark may never be legally used in Canada due to restrictions on brand use,…
I. Facts The Italian fashion house Furla SpA has obtained a recent victory in an opposition in China against a local competitor. Furla SpA was opposing the Chinese trademark “芙拉帝诺”(FU LA DI NUO) in class 25. The characters “芙拉” (FU LA), are used by Chinese consumers when referring to “FURLA”. Regrettably, the client had not secured this Chinese name through a trademark registration…
