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Filtrează: case_law_comment (Clear)
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October 08, 2021 - case_law_comment

The hiss produced by opening a drink can cannot be registered as an EUTM

The hiss produced by opening a drink can cannot be registered as an EUTM

The General Court clarifies its approach to sound marks and Article 7(1)(b) EUTMR. 07/07/2021, T 668/19, Ardagh Metal Beverage Holdings GmbH & Co KG v EUIPO, EU:T:2021:420 (not available in English)

July 01, 2021 - case_law_comment

Do not pass GO, do not collect a registered trade mark

Do not pass GO, do not collect a registered trade mark

When will the refiling of a trade mark be unacceptable due to bad faith? The General Court provides the answer.

May 25, 2021 - case_law_comment

Seeing Red: representing a mark consisting of a colour combination

Seeing Red: representing a mark consisting of a colour combination

In its first judgment since the Red Bull case in the CJEU, the General Court clarifies its approach to colour marks and Article 4 EUTMR.
24/03/2021, T‑193/18, Andreas Stihl v EUIPO, EU:T:2021:163

May 04, 2021 - case_law_comment

A heavy evidential burden

A heavy evidential burden

The General Court underlines the stringent requirements to prove that a sign falls foul of Article 7(1)(d) EUTMR
17/03/2021, T‑878/19, K‑9, EU:T:2021:146

March 23, 2021 - case_law_comment

Missing the point

Missing the point

VROOM and confusing form for function in the classification of goods and services. 24/02/2021, T‑56/20, VROOM, EU:T:2021:103

March 03, 2021 - case_law_comment

Is milk made for humans?

Is milk made for humans?

The General Court allows the registration of a controversial slogan as a trade mark.

17/12/2020, T‑253/20, Oatley v EUIPO, EU:T:2021:21

February 01, 2021 - case_law_comment

Always judge a cheese by its cover

Always judge a cheese by its cover

The Court of Justice rules on the application of PGIs and PDOs to the appearance of a product.

January 07, 2021 - case_law_comment

Is Article 8(3) EUTMR only applicable to identical marks and identical goods?

Is Article 8(3) EUTMR only applicable to identical marks and identical goods?

Does Article 8(3) EUTMR only apply to identical marks and identical goods? ‘No’, says the Court of Justice.

November 25, 2020 - case_law_comment

Syrena Meluzyna. Genuine use of a trade mark without a single sale?

Syrena Meluzyna. Genuine use of a trade mark without a single sale?

The Court of Justice of the European Union examines the question of whether preparatory work to secure customers constitutes genuine use of a mark, even if there are no actual sales.

October 22, 2020 - case_law_comment

CASE-LAW ANALYSIS

CASE-LAW ANALYSIS

Messi v Massi: Court of Justice blows final whistle on opposition proceedings. CASE-LAW ANALYSIS by Stefan Martin, Member of the Second Board of Appeal

Who wins? Earlier mark ‘Massi’ or the contested famous footballer? Discover the difference between reputation and fame when it comes to oppositions.

August 26, 2020 - case_law_comment

Halloumi success before Court of Justice: a pyrrhic victory?

Halloumi success before Court of Justice: a pyrrhic victory?

The Court of Justice reversed a decision by the General Court by holding that an opposition based on a collective mark meets the same criteria as one based on an individual mark, including with regard to distinctive character.

July 07, 2020 - case_law_comment

From Luxembourg with Love

From Luxembourg with Love

Hugs and kisses are just not distinctive! General Court ruling in the ‘XOXO’ case confirms that internet slang is to be taken into consideration when assessing distinctive character of trade marks.

June 05, 2020 - case_law_comment

CASE-LAW COMMENT

CASE-LAW COMMENT

By Stefan Martin, Member of the Second Board of Appeal

Hickiesʼ shoe ties ‘departure from the norm’ not remarkable.
The General Court’s rejection of EUTM application for Hickies’ shoelaces confirms previous judgment on Converse All Star shoe sole, showing once again how difficult it is to register 3D shapes as EUTMs The ‘departure from the norm’ must be remarkable at first sight.

May 05, 2020 - case_law_comment

CASE-LAW COMMENT

CASE-LAW COMMENT

Liability of online market giants for the warehousing of counterfeits

By Stefan Martin, Member of the Second Board of Appeal

Are online marketplaces such as Amazon liable for storing and delivering counterfeit goods on behalf of sellers that use their platform? The Court of Justice of the European Union clarifies this controversial point for specific circumstances.

April 02, 2020 - case_law_comment

CASE-LAW COMMENT

CASE-LAW COMMENT

The Court of Justice confirms that a lack of precision in the specification of the goods and services of an earlier mark does not mean that an opposition will be dismissed

04/03/2020, C‑155/18 P to C‑155/18, Tulliallan Burlington v EUIPO, ECLI:EU:C:2020:151

 

February 09, 2020 - case_law_comment

CASE LAW COMMENT

CASE LAW COMMENT

Stefan Martin, Member of the Second Board of Appeal

By a judgment rendered on 12 December 2019, the Court of Justice dismisses the appeal filed by the EUIPO against a judgment of the General Court allowing the registration of a bottle taking the shape of an amphora.

March 10, 2020 - case_law_comment

CASE-LAW COMMENT

CASE-LAW COMMENT

General Court confirms rejection of cannabis trade mark on the ground of public order pursuant to Article 7(1)(f) of European Union Trade Mark Regulation (EUTMR).

December 17, 2019 - case_law_comment

CASE-LAW COMMENT

CASE-LAW COMMENT

Stefan Martin, Member of the Second Board of Appeal

Court of justice declares
12/09/2019, C-541/18

Traditionally, when considering the perception of the relevant public the distinctive character of a trade mark must be assessed in relation to its specific goods and services.

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