Trademark

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

Case law, Evidence, Lack of distinctiveness, National marks, Registrability, Sign used in the course of trade, Switzerland, Trademark

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

CeramTec GmbH is the owner of the color trade mark IR 1‘109‘076 claiming protection for a shade of pink (Pantone 677, see image). At the beginning of 2012, CeramTec applied for the extension of protection to Switzerland for said trade mark in connection with goods of class 10: “femoral head spheres, acetabular cup, all the…

Case law, Distinctiveness, Norway, Trademark

(Protector IPC)/ /Leave a comment

  In April, the Oslo District Court partially relied on EUIPO Guidelines in finding that this trade mark is distinctive (judgment of 11. April 2017, case 16-135037TVI-OTIR/07).The mark had been rejected by the Norwegian Industrial Property Office (NIPO) and the Board of Appeal as being descriptive and non-distinctive for “ammunition, projectiles and cartridges”. Norway is…

Appeal, Case law, Company names, Domain name, Lack of distinctiveness, National law, National marks, similarity of goods and services, Switzerland, Trade name, Trademark

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

The Federal Administrative Court partially overturned a decision of the Swiss Federal Institute of Intellectual Property (IGE) refusing protection for Apple’s word mark “iMessage” for telecommunication services in class 38.   The Administrative Court agreed with the IPO that “iMessage” lacked original distinctiveness for messaging services, because such services were closely linked to the internet,…

Trademark

(De Simone & Partners S.P.A.) and (Bugnion S.p.A)/ /Leave a comment

With decision C-617/15, (Hummel Holdings A/S v Nike Inc., Nike Retail BV) the Court of Justice (CJ) has defined the concept of “establishment” under article 97 of EUTMR (now art. 125 Regulation 2017/1001). According to article 98 (now art. 126) EUTMR, pan-European injunction can be granted if the Court seized has, according to art. 97 the…

Domain name, Trademark

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Just as with any other violation of law, domain name and trademark squatting will be discouraged or encouraged depending on the efficiency of legal protection given to legitimate IP rights holders. When legal remedies are not available or are not effective, bad faith trademark and domain name applications will increase substantially, prompting legitimate right holders…

European Union, Infringement action, National law, National marks, Sweden, Trademark

(Cirio Law Firm)/ /Leave a comment

On 17 May 2017, the Swedish Patent and Market Court (the “PMD”) decided a case whereby it held that Nestlé’s expansion of its cat food brand “PURINA felix” into Sweden infringed the reputed Swedish foodstuff trademark FELIX, and that the fact that PURINA felix was previously used and enjoyed recognition in another EU country did not…

Company names, Domain name, EUTM, Genuine use, Level of similarity of marks, Names, National marks, Opposition, The Netherlands, Trademark

(NLO Shieldmark)/ /Leave a comment

In a decision of a Dutch District Court earlier this year[1], the American fast-food chain Wendy’s suffered a loss against a local Dutch snack restaurant, which bears the name WENDY’S. The trademark registration owned by the same snack restaurant blocks the American chain to enter the market. Although this case has similarities with the story…

Trademark

( Trevisan & Cuonzo) and (Trevisan & Cuonzo)/ /Leave a comment

Following the Court of Justice decision that “saved” the 2002 EU LAMBRETTA trademark from a decision of partial revocation for non-use rendered by the EUIPO Opposition Division[1], on 28 March 2017, the Italian Supreme Court ordered the revocation for non-use of three LAMBRETTA trademarks registered before the Italian Trademark Office in 1948, 1968 and 1969…

CJEU, EU Trademark reform, Germany, Infringement, Infringement action, National marks, Trademark

(Hildebrandt.)/ /Leave a comment

Two months ago I reported about the Draft of a new Trademark Act (Markenrechtsmodernisierungsgesetz) which was supposed to enter into force before the election for the next German Bundestag. Some of the relevant German associations commented in detail on the draft and proposed some well-grounded changes – i.e. the Markenverband, the GRUR, and the Bundesverband Deutscher…

Trademark

(PETOSEVIC)/ /Leave a comment

The Russian IP Court was a welcome addition to the Russian court system back in July 2013. It’s recent decisions seem to collide with Russian legislation regulating what is and what is not a trademark infringement, as well as, with established practice. Different definitions A trademark infringement can incur civil, administrative or criminal liability under…