All trademark news that you might have missed last month in one convenient overview. Read up on the latest news reported by the Kluwer IP Reporter. Assignment Center replaces EPAS and ETAS The United States Patent and Trademark Office (USPTO) announced the replacement of the Electronic Patent Assignment System (EPAS) and Electronic Trademark Assignment System…
Will the CJEU take a deep dive into the right of possession? The European Court of Justice will have to deal with this question following a reference from the German Federal Supreme Court (Decision of 23 January 2024 in Case I ZR 205/22). The detailed questions which the Court will have to answer are: …
The Greek Supreme Court has recently handed down its ruling in a cassation appeal concerning the shape of biscuits and their protection as unregistered trademarks (no 659/2023), confirming the findings of the Athens Court of Appeal. The biscuits, although quite well-known, were considered non-distinctive, as was the image of two spikes of wheat embossed on…
For some time, brand owners and practitioners in Turkey have been waiting for three things to be moved forward before TÜRKPATENT, namely (1) administrative non-use cancellation proceedings, (2) an updated 2024 PTO fee schedule and (3) a new edition of entry exam to the profession. However, TÜRKPATENT has been remarkably silent. Here is a summary…
We UK lawyers view with interest the developments in the “Brexit cases”, resulting in appeals to the CJEU in 3 cases, as discussed in various previous posts on this blog, the latest being the summary (here) of the AG opinion in the first case, BASMATI. The BASMATI case, and the related “Brexit cases” APE TEES…
The Fifth Circuit also added non-genuine bezels to the district court’s injunction to make it consistent with the district court’s other findings. In a trademark infringement case involving refurbished Rolex watches, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s judgment insofar as it concluded that BeckerTime, the refurbisher, infringed Rolex’s…
All trademark news that you might have missed last month in one convenient overview. Read up on the latest news reported by the Kluwer IP Reporter. Andean manual for trademark examination revised In a joint effort, the General Secretariat of the Andean Community and the World Intellectual Property Organization have recently renewed the manual for…
On 25 January 2024 the CJEU issued the long-awaited judgement in the already famous AUDI case (C-334/22). This judgment confirms the possibility of Audi trade mark infringement in terms of the legal interpretation which will be further determined by a national court. The court ruled in AUDI’s favour, stating that a car manufacturer can prohibit…
On AG Szpunar’s Opinion in Case C-801/22 P BASMATI was the first of the appeals to the CJEU in the three „Brexit cases“. The other two are APE TEES (EUIPO v Nowhere, C-337/22 P) and SHOPPI (Shopify v EUIPO, C-751/22 P, see here and here)). The CJEU allowed all three appeals to proceed, and in…
All trademark news that you might have missed last month in one convenient overview. Read up on the latest news reported by the Kluwer IP Reporter. EUIPO adopts CP13, CP14 Common Practices In November 2023 the management board of the European Union Intellectual Property Office (EUIPO) adopted the CP13 Common Practice (Trade mark applications made…
