The quality control of absolute ground decisions is now even more efficient
As from September 2019, the EUIPO’s back-office systems have a new internal quality check (IQC) workflow for EUTM decisions on absolute grounds.This initiative is a result of user feedback. It was inspired by the outcome of discussions held at the stakeholder quality assurance panel ( SQAP) audits and by general feedback from internal and external users on quality in this particular area.
Stefan Martin, Member of the Second Board of Appeal
Trademarks and Marihuana: Registration of trade marks containing the word “cannabis” or any equivalent
Practice tip of the month — claiming acquired distinctiveness through use to overcome an objection for lack...
Applicants should be aware of various important aspects to take into account when deciding to put a claim, the timing of the claim, the type of claim and the type of evidence to submit. These and other issues are addressed in the webinar ‘How to assess evidence of acquired distinctiveness’ available on the EUIPO’s Learning Portal.
Save the date — IP Case Law (IPCLC) Conference on 21 and 22 May 2020 in Alicante
Following the resounding success of the previous two colloquiums in 2016 and 2018, the EUIPO Boards of Appeal together with the International Cooperation and Legal Affairs Department and the Academy will host the third IP Case Law Conference (IPCLC) on 21 and 22 May 2020, at their headquarters in Alicante.
DesignEuropa Awards 2020: submit your designs now!
The DesignEuropa 2020 call for entries is open until 20 April 2020 (included).
The Awards Ceremony will be held in Eindhoven, The Netherlands, on 20 October 2020 in collaboration with the Dutch Ministry of Economic Affairs and Climate Policy and the Benelux Office for Intellectual Property.
Key User Managers in Paris, Seville, Helsinki and Florence!
Live webinar: What are the standard of proof, which means of evidence are accepted?
Do you know the general rules of assessment and common mistakes? Watch our interactive live-streamed webinar on how to assess evidence of acquired distinctiveness from 12 November 2019, Speaker: Tobias Klee – EUIPO Operations Department.
Stefan Martin, Member of the Second Board of Appeal
SCOPE OF PROTECTION OF PLANT VARIETIES
The General Court clarifies for the first time the scope of protection of plant variety denominations (PVDs) under Article 7(1)(m) EUTMR.
When the PVD is THE ONLY element of the mark or the DOMINANT element (due to size or position) of the mark or when ADDITIONAL ELEMENTS are NEGLIGIBLE, the mark must be refused.
‘Elementary, my dear Watson’: being famous is one thing, and proving use is another.
The Second Board ruled that the evidence submitted proved that Sherlock Holmes was a famous character but did not establish use for the specific goods and services covered by the relevant EUTM (Case No R 0982/2018‑2).
Practice tip of the month — Retail of pre-paid cards in the list of goods and services
Pre-paid cards can be equivalent to common payment cards — not limited to certain products or services. As such, they are considered to be a financial service, proper to Class 36. No further specification within Class 36 would be necessary.
New! TMview beta version including features based on user feedback
A new feature in the beta version allows two or more trade marks to be selected and placed side by side for comparison. Users can also easily export search results to PDF, Excel and Word formats. An improved beta version of TMview (https://www.euipn.org/tmview/beta/) is now available alongside the original interface as part of a planned improvement to the world’s largest database for free trade mark searches.
E-withdrawal of an RCD application and restitutio in integrum available
Following its endeavors to provide a complete electronic communication experience, the Office has released new features that allow online withdrawal of an RCD application on the same day that it is filed and restitutio in integrum. For more information, contact us at KeyUserManagement@euipo.europa.eu
Improved machine translation in eSearch Case Law
When searching for case-law to support a case before the court, machine translations of court decisions can be useful for gaining an immediate general understanding of the content of a particular judgment before obtaining certified translations. They can therefore save you time and money.
New! Collection of national IP enforcement case-law
A new case-law collection report on the liability and obligations of intermediary service providers has been prepared by the Observatory through the Knowledge Circle Enforcement. The report can be found here.
Key User Managers in The Hague, Lisbon and Porto!
EUIPO-EURid collaborate in a bid to protect EUTM applicants from domain name abuse
2019 has been a year of interesting developments in the fight against cyber-squatting and bad faith domain name registrations. Unfortunately, it is not uncommon practice these days for third parties to secure similar or identical domains as soon as EUTM applications are published.
Will we need to protect the IP of the human body?
During the last EUIPO-EPO IP Executive Week, cutting-edge issues in intellectual property were discussed. For example, the latest innovations in artificial intelligence in the neurological field will enable future cures for brain disease. But this also raises sensitive questions. Will our thoughts remain private? https://youtu.be/IeFL61WF8ao
Practice tip of the month: registration of a transfer of ownership
The Webinar on proceedings in trade mark and design registry after registration, available from 10.00 on 3 September via the EUIPO’s Learning Portal, tackles this and other issues. It explains, for example, that the Office examines the supporting evidence only to the extent that they actually confirm what is indicated in the application and that there are no discrepancies between the documents. The Office does not consider or rule on contractual or legal questions arising under national law. If doubts arise, it is the national courts that deal with the legality of the transfer.