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17 Mar 2023, 4:00 am
Marcel Pemsel commented on the CJEU’s decision in Papierfabriek Doetinchem (C-684/21), which clarified the technical function exclusion in Art. 8(1) Design Regulation. [read post]
14 Feb 2023, 8:51 am
Marcel Pemsel summarised each of these important changes.Latha Nair analysed a decision from the Delhi High Court regarding the registrability of the words “SWISS MILITARY” and of the red-and-white cross as trade marks for Chinese-made goods.Marcel Pemsel examined the judgment in T-443/21 issued by the General Court on 18 January 2023. [read post]
3 May 2023, 2:31 am
The analysis revolved around the case Legea C-686/21.Marcel Pemsel considered the recent judgement in case T-491/22 in relation to an EU trade mark application made by angaming company. [read post]
18 Dec 2023, 1:02 am
Marcel Pemsel commented on the EUIPO’s inconsistency in its decision practice by analysing the decision in R 1128/2023-4, which considered the ‘TEAM USA’ trade mark to be distinctive for merchandise (unlike e.g. [read post]
12 Aug 2023, 4:37 am
Marcel Pemsel analysed the General Court’s judgment in Apart v EUIPO - S. [read post]
9 Apr 2023, 8:44 am
Trade marks Marcel Pemsel commented on the General Court’s recent decision in T-178/22, where a trademark application for “FUCKING AWESOME” was found to be insufficiently distinctive. [read post]
26 Jan 2023, 1:32 am
In his post, Neil chose to develop his point through one of the first cross-media franchises in Germany, Lulu.Trade marksMarcel Pemsel wondered how to cancel degenerated trade marks. [read post]
19 Jan 2023, 4:52 am
Marcel Pemsel discussed in his post the challenging question linked to trade mark scope of protection and to the influence of the reputation assigned to Puma and to Rolex, considering, respectively, the decision of the General Court and the judgment issued by the German Patent Court.Slogan automatically protected as a trade mark? [read post]
28 Jun 2023, 1:06 pm
Trade marks Marcel Pemsel analysed the CJEU’s ruling in C-654/21, which clarifies the scope of counterclaims on the basis of invalidity or revocation in response to an infringement action concerning an EU trade mark. [read post]
15 Sep 2023, 10:10 am
Marcel Pemsel analysed the recent EUIPO’s decision, relating to the mark ‘Put Putin In’, on the rejection of a trade mark application on the basis it was deemed to be contrary to public policy and accepted principles of morality in accordance with Article 7(1)(f) EUTMR. [read post]
29 Dec 2023, 5:14 am
Marcel Pemsel reported on a recent decision from EUIPO’s board of Appeal that confirms the narrow scope of protection of lowly distinctive marks. [read post]
1 Sep 2023, 9:47 am
Trade marks Marcel Pemsel assessed whether Jaguar Land Rover Limited and Puma Energy International SA signs should be considered conceptually similar or even identical. [read post]
8 Jun 2023, 1:32 am
Marcel Pemsel reported on three decisions by the German Patent Court regarding 3D trade marks for twisted string cheese, where the Court considered the shape, descriptiveness of the sign, and distinctiveness of the sign in deciding whether these marks were descriptive yet distinctive. [read post]
16 Dec 2022, 6:46 am
Marcel Pemsel - Marcel is a German-qualified lawyer. [read post]
17 May 2023, 2:18 pm
Marcel Pemsel analysed the CJEU’s General Court decision in Activa – Grillküche, which dealt with the 12-month grace period for publications under the Community Design Regulation to be protected from public disclosures of identical designs. [read post]
27 Apr 2023, 6:20 am
Trade marks Marcel Pemsel commented on a Austrian Supreme Court decision, which held that an advertiser’s obligation not to use a trade mark in an infringing manner is not diminished when it employs third-party technology that creates an ad based on an algorithm unknown to the advertiser. [read post]
30 Nov 2023, 4:26 pm
Maradona's heirs successfully applied to have the transfer invalidated, as the documentation did not satisfy all the formalities.Lewis Hamilton is one of the most successful Formula 1 drivers of all time, but as Marcel Pemsel discussed, the Board of Appeal of the EUIPO recently confirmed that he was not famous enough in the EU to enjoy the special protections afforded to famous people. [read post]
22 Apr 2024, 11:50 pm
Marcel Pemsel evaluated the recent judgments of the EUIPO General Court and the Board of Appeal which found that the inversion of words does not lead to a likelihood of confusion when the words have a low degree of distinctiveness. [read post]
10 Dec 2023, 2:28 pm
Marcel Pemsel commented on two instances in which the EUIPO Board of Appeal assessed whether distinctive character was present in relation to cases of trade mark applications for signs portraying a specific person’s photograph.Alessandro Cerri addressed the recent decision of the Fifth Board of Appeal of the EUIPO concerning whether collective marks or PDO designations could be granted in relation to the application of two signs linked to the Italian cheese… [read post]
6 Mar 2024, 7:44 am
Amongst several other changes, the EUIPO will take on some administrative functions (but will not have a role in examination, which it does for craft and industrial products).Marcel Pemsel discussed the recent case of bonnanwalt v EUIPO (Case C-580/22), which addressed the meaning of a "lawyer" under EU law, for the purposes of representation at the CJEU. [read post]
