The IP offices of the European Trade Mark and Design Network, including the Danish Patent and Trademark Office have agreed on a Common Practice in relation to when a figurative mark, containing purely descriptive/non-distinctive words, passes the absolute grounds examination because the figurative element renders sufficient distinctive character. In Denmark this new practice will be…
An individual was in violation of a permanent injunction barring him from using BMW’s “MINI” trademarks in connection with an online store selling apparel bearing the brand name “Mini Works,” the U.S. Court of Appeals in San Francisco has held. The court also affirmed an order amending the injunction to require the individual to transfer…
Once again, the General Court has found a three-dimensional mark consisting of a product shape not sufficiently distinctive for registration. This time, the shape in question was that of a vehicle, and it was held non-distinctive in relation to automobiles and related goods. Background of the case Jaguar Land Rover Ltd. had applied for the…
For those who have been wondering ever since the PAGO International ruling (C-301/07) if the owner of a CTM with a (proven) reputation in one or a few member states can also enforce it as a „mark with a reputation“ in other member states, the CJEU has now provided clarification in its judgment of 3 September…
The world of trademarks is one of the most fascinating legal areas there is. At least that is what trademark practitioners the world around agree upon. This blog is exactly intended for that group of people, so we can wholeheartedly say that this blog deals with the most fascinating legal topic there is. We are…
On 20 October 2015, Alexander von Mühlendahl celebrated the completion of 7.5 decades of life. What could be more appropriate than to dedicate the launch of the new Kluwer Trademark blog to him and his important contribution to the development of European trademark law! Of course this is but a drop in the ocean of…
While many commentators discussed the judgment of CJEU of 16 September 2015 in the case C-215/14. – Société des Produits Nestlé SA v Cadbury UK Ltd. – also known KIT KAT case, most of them debated on whether Nestlé or Cadbury is the winner of the referral and now are eagerly await the judgment of…
According to the Spanish Supreme Court, three-dimensional marks consisting of the shape of the product or its packaging are not considered to be genuinely used when used in conjunction with a highly distinctive word mark. Kraft Foods Galletas, S.A. (now Mondelez España Galletas Productions, S.L.), subsidiary of Kraft Foods Global Brands LLC (now Intercontinental Great…
