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4 Feb 2014, 2:11 am
Like some ghoulish monster emerging from the crypt in which we all thought it had been interred, Intra-Presse has crawled out again into the light of day, to lodge an appeal with the Court of Justice of the European Union (CJEU) in what are now Cases C-581/13 P and C-582/13 P Intra-Presse v OHIM [the cases both involve the same marks, but involves some different classes of goods and services]. [read post]
9 Sep 2008, 11:30 am
Leo Babauta, Mark Hayward, and Dan Clements are racing to make a difference! [read post]
31 Aug 2019, 8:26 am
It allowed the mark to remain on the register for the goods and services not covered by the earlier marks.CommentThis decision highlights the risks associated with the rather common practice of re-filing the same trade mark for the same goods and services. [read post]
10 Jun 2013, 8:46 am
Directive 2008/95, namely that shape trade marks may not consist exclusively of a shape which results from the nature of the goods themselves, refer to a shape which is indispensable to the function of the goods, or can it also refer to the presence of one or more substantial functional characteristics of goods which consumers may possibly look for in the goods of competitors? [read post]
29 Apr 2019, 7:47 am
This did not suffice to exclude a likelihood of confusion in a broader sense.In relation to the labelling of the rims, the court established that the defendants had infringed BMW’s rights in accordance with Article 9(2)(c) of Regulation 2017/1001 (EU Trade Mark Regulation (EUTMR)).BMW’s trade marks “M4”, M5”, and “M6” are also well-known for vehicles. [read post]
15 Sep 2013, 5:40 am
This Kat has been alerted to AG's opinion in a case referred to CJEU by the Austrian Patent and Trade Mark Office Appeal Board, Case C-409-12, Backaldrin Osterreich The Kornspitz Company. [read post]
14 Apr 2019, 1:32 am
The overall impression given by the trade mark applied for to the relevant public must be taken as a basis (C‑136/02 P ‘Maglite’). [read post]
25 Apr 2006, 12:59 am
Shock generic use of electrical goods trade markToday the European Court of Justice is hearing arguments in Case C-321/03 Dyson Ltd v Registrar of Trade Marks. [read post]
26 May 2011, 6:02 pm
The SCC also held that “[c]onsumers of expensive wares or services and owners of associated trade-marks are entitled to trade-mark guidance and protection as much as those acquiring and selling inexpensive wares or services” (Masterpiece at para. 73). 4. [read post]
8 Sep 2020, 3:09 am
In re Shivworks Products Group, LLC, Serial No. 88330418 (September 4, 2020) [not precedential] (Opinion by Judge George C. [read post]
8 Feb 2018, 2:40 am
In re Spin80, Inc., Serial No. 87116915 (January 31, 2018) [not precedential] (Opinion by Judge Cynthia C. [read post]
20 Dec 2020, 9:56 am
(Gömböc Kutató v Szellemi Tulajdon, Court of Justice of the EU, Case C‑237/19 (April 2020))While shape trade marks comprise less than 0.5% of all EU trade marks applied for ever, us trade mark lawyers do enjoy talking about them an awful lot. [read post]
16 Jul 2021, 7:40 am
This case (joined cases C-449/18 P and C-474/18 P) reaffirmed a significant clarification of trade mark law set out by the earlier EU General Court decision - namely, that visual and aural similarities could be counteracted by conceptual differences (see IPKat commentary here).The earlier EU figurative TM in questionAnother such case arose in June in the General Court, this time involving the application for EU word mark ‘MILEY CYRUS’ and opposition… [read post]
29 Dec 2015, 3:35 am
Both "cold" and "cool" begin with a hard "c" and are very close in meaning. [read post]
22 Aug 2018, 3:05 am
Section 29(6) of the Act defines the “use” of the mark: a person is considered to be using a registered mark, if, in particular, he— (a) affixes it to goods or the packaging thereof; (b) offers or exposes goods for sale, puts them on the market, or stocks them for those purposes under the registered trade mark, or offers or supplies services under the registered trade mark; (c) imports or exports goods… [read post]
17 Mar 2015, 3:56 am
Both the Examination Division and the Board of Appeal rejected the application, holding that the mark consisted exclusively of indications which may serve, in trade, to designate characteristics of the goods or service in question, contrary to Article 7(1)(c) of the Community Trade Mark Regulation.The General Court has now upheld this decision. [read post]
27 Nov 2023, 1:29 am
It found that articles 14(1)(C) and 14(2) do not expand the rights of the proprietor, but rather limit them. [read post]
22 Mar 2015, 2:59 pm
One was a figurative mark (as represented on the right), the other being a word mark. [read post]
19 Jan 2015, 7:53 am
There was a happy ending of sorts for the Lithuanian company, though: it finally got a CTM for goods in class 32, this being figurative 'Nueva Melt water original' mark. [read post]
18 Dec 2014, 8:10 am
” Shield Mark BV v Joost Kist, Case C-283/01 [2004] ECR I-14313. [read post]
