To which extent can the General Court review decisions by the EUIPO Boards of Appeal (BoA) is an issue never properly addressed, and one that the CJEU has found to be “significant with respect to the unity, consistency or development of EU law”. Thus, with its order of July 11, 2023, it allowed an appeal…
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. Kazakhstan amends official IP fees The Kazakh Intellectual Property Office revised some of its official fees with effect from 10 July 2023. Read the full story here Slovenia amends…
The trade dress of a wedge-shaped candy, colored to resemble a slice of watermelon, was determined to be functional and not eligible for protection under federal trademark law. The U.S. Court of Appeals for the Third Circuit upheld a summary judgment decision by a New Jersey district court, ruling that a candy maker could not…
The protection of trademarks has long been associated with social progress and collective interest. However, a widely accepted scientific consensus remains elusive regarding the interaction between these beneficial outcomes and more specifically the extended protection of reputed trademarks, principally against dissimilar goods. As noted in the literature, “science has yet to offer convincing and widely…
With Judgment of 8 March 2023 (B-1974/2022), the Swiss Federal Administrative Court confirmed the rejection of an opposition by Apple against a trademark showing another stylized apple motif. According to the Swiss Federal Administrative Court, there is no likelihood of confusion between the trademarks shown below, which are claimed for various identical or similar goods…
Registrability of Works of Art as Trademarks Recently, the European Union Intellectual Property Office (“EUIPO”) and the Hungarian Intellectual Property Office (“HIPO”) have been asked in several cases to examine whether a work of art, in particular a painting, can be registered as a trademark. If a work of art is protected by copyright,…
In Case C-654/21, the CJEU ruled on a reference for a preliminary ruling from the Sąd Okręgowy w Warszawie (XXII Division of the District Court in Warsaw, Poland) in a dispute between two individuals. The dispute concerned an action for infringement of the European Union trade mark “MULTISELECT” brought before the Warsaw IP Court and…
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. Madrid Protocol fees revised for New Zealand Based on the provisions of the Common Regulations under the Madrid Agreement and Protocol Concerning the International Registration of Marks, the Director…
The Delhi High Court recently in the case of Coty Germany GmBH v. Xeryus Retail Private Limited (CS(COMM) 1298/2018 & I.A. 8603/2023) permanently restrained two websites, namely perfumery.co.in and unboxed.in, from selling perfume tester bottles bearing the “Calvin Klein” or “cK” trademarks and imposed INR 1,00,000 (approx. USD 1,200) to be paid to Coty Germany GmBH…
With the implementation of a new trade mark law in Trinidad and Tobago filing has become easier, but there are still challenges to overcome. “While Trinidad and Tobago has a strong and efficient IP system, it is significantly under-utilized.” says Terita Kalloo from Terita Kalloo Law. She has over 10 years experience in Trinidad and…
