General Court comes to a decision about The Standard of genuine use
The decision in question, made by the General Court of the EU – Standard International Management LLC v EUIPO – has clarified that use of EU trade marks in advertisements…
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Germany: Likelihood of association between marks used as car type designations
(image from www.audimediacenter.com) Last month the Regional Court Munich I (Germany) had to decide on a trademark dispute between Audi (the Plaintiff) and the Chinese car manufacturer Nio…
“Legally unnecessary and detrimental to the economy of the proceedings”. A chance to change EUIPO’s practice on conversion?
…an appeal cannot be required for a conversion request to be acceptable. According to the BOA, “requiring an appeal to be filed would only complicate matters and be legally unnecessary….
Trademark News: What you might have missed in January 2023
…terms from the alphabetical list of the Nice classification. Read the full story here Madrid Protocol fees established for Belize Under the provisions of the Common Regulations under the Madrid…
CJEU rules in quartet of cases that Falsified Medicines Directive no excuse for repackaging of products
…to take advantage of this change in the law to support a complete repackaging of medicinal products imported into Member States, previously only allowed in exceptional circumstances. Pharma companies opposed…
Acquired Distinctiveness, Appeal, cancellation, Case law, Confusion, Distinctiveness, EUIPO, Level of similarity of marks, Likelihood of confusion, Similarity of marks, United Kingdom
L’Oréal is triumphant in the battle of the ‘K’ trade marks
…assessment of the similarity of the two marks. The CGEU emphasized that the assessment of the similarity between two marks means more than taking just one component of a composite…
Good things come to those who wait: PTO cancellation proceedings in Spain
…capacity and exhaustiveness, compared to that of the civil courts. In preparation for this, the SPTO has released an informative manual (https://www.oepm.es/export/sites/oepm/comun/documentos_relacionados/Publicaciones/Folletos/Manual_Nulidad_y_Caducidad_Administrativa.pdf) setting the main parameters on definitions, procedure, and…
Trademark case: P&P Imports, LLC v. Johnson Enterprises, LLC, USA
The district court applied the wrong legal standard for secondary meaning by requiring evidence of specific association rather than a single, anonymous source. In a trademark case between two competing…
Denmark: colour mark registrations – what does it take?
…blue as the sea. The Danish TMO also commented on whether a trademark registration to the sign applied for by A.P. Møller-Mærsk A/S would unduly restrict competitors in the sea-freights…
Trademarks in Luxembourg in 2022
…and Classic Coach Company (C-112/21) concerned the complex relationship between trademarks and earlier unregistered local and trade name rights. An additional preliminary reference (C‑62/21, Leinfelder) unfortunately did not lead to…