As a follow up to the previous blog by Gorrissen Federspiel “Denmark: Trademark rights established through use” published 13 April 2016 we will now discuss for how long use of such a mark can be discontinued without the holder losing his right. From the 1958 report it is apparent that the trademark right established through…
The life of a trademark practitioner has three seasons – pre-INTA, INTA, and post-INTA. Similarly to Christmas, every year it appears that the pre-INTA season starts sooner and INTA arrives more quickly (even though this year it was later than in recent years!). The week of the INTA Annual Meeting itself, while incredibly busy, is…
The UK Intellectual Property Office recently published a paper setting out an updated strategy on IP enforcement issues up to 2020 (see https://www.gov.uk/government/publications/protecting-creativity-supporting-innovation-ip-enforcement-2020). Its scope is broad, encompassing illegal online content and counterfeiting activity in all its forms, and it also has a strong international component. There are six main areas of focus. Two of…
In a judgment of 12 November 2015, the Court annulled the Fourth Board of Appeal’s decision refusing to suspend opposition proceedings, even though the trademark applicant proved that it has filed for revocation of the Romanian mark held against registration of its mark – by the way the baby food mark ALETE, which is very…
From September 1, 2016 a specialised IP court will start to operate in Sweden as the current Swedish judicial system involving IP cases will undergo certain changes. The new IP court, named the Patent and Market Court, will handle most cases relating to intellectual property, marketing and competition in Sweden. Focusing on trademarks and brand…
In cancellation proceedings the German Federal Patent Court denied registrability to a 3-D-mark depicting a chocolate stick for chocolate products largely based on evidence it had collected on its own motion (Decision of 22 April 2016 on Case 25 W(pat) 8/09). The International Registration (“IR”) depicted below was registered in December 2005 in Germany. In…
Amazon’s internal search engine has already been the subject of a decision by the High Court (England and Wales) made just over two years ago (2014, EWHC 181, ch). The claimant was the proprietor of the LUSH trademark, used (inter alia) for bath additives. After the trademark was entered as the search term, Amazon exclusively…
To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the top 3 most-read posts from each of our IP law blogs. Here are the top posts from last month. Top 3 Kluwer Trademark Blog posts…
In a recent decision, the Portuguese Court of Intellectual Property confirmed a surprising interpretation of the exception for the revocation of a trademark on grounds of non-use – namely proper reasons for non-use. The Industrial Property Office had rejected a revocation request against the protection in the Portuguese territory of an international trademark assuming that…
The Austrian Supreme Court (short “the Court”) denied a motion for a preliminary injunction (short “PI”) against the use of the mark “Duff (BEER)” based on the Claimant’s EUTM “Duff”, since the EUTM could be declared invalid on the basis of Defendant’s earlier German trademark rights (decision of 27.01.2016, 4 Ob 183/15p – DUFF Beer)….
