TAKING UNFAIR ADVANTAGE OF THE DISTINCTIVENESS OR THE REPUTE OF AN EARLIER MARK

The Judgement of the General Court of 30 November 2016, in the case K&K Group AG versus EUIPO and Pret A Manger (Europe) Ltd, analyses Article 8(5) of Regulation No 207/2009.


MAIN NEWS REGARDING THE EUROPEAN REGULATION ON DATA PROTECTION

The new REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND COUNCIL of 27 April 2016, came into effect on 25 May 2016, with reference to the protection of natural persons regarding the processing of personal data and the free movement of such data.


Taking unfair advantage of the distinctive character or the repute of an earlier mark

The Judgment of the General Court of 28 September 2016, in the case of The Lacamanda Group Ltd versus EUIPO and Nigel Woolley, interprets the conditions that must be satisfied to be afforded the broader protection under Article 8(5).


EARLIER NATIONAL TRADE MARK

The Judgment of the General Court of 7 September 2016, in the case Victor International GmbH versus EUIPO and Gregorio Ovejero Jiménez, interprets the proof of genuine use of an earlier national trademark, and the likelihood of confusion between the earlier national trademark and the EU mark applied for.


Copyright : Communication of a work to the public

Judgement of the Court of Justice of 8 September 2016.


EU trade mark.  Opposition proceedings: Earlier, non-registered national figurative marks. Evidence establishing the content of the national right.

Judgement of the General Court (Fourth Chamber), of 29 June 2016, in case T-567/17. Group OOD vs EUIPO and Kosta Iliev.


Declaration of invalidity based on unregistered trademark

The Judgement of the General Court of 29 June 2016, in the case Universal Protein Supplements Corp. versus EUIPO and H Young Holdings plc, interprets the applicant’s obligation laid down in Rule 37(b)(ii) of Commission Regulation (EC) No 2868/95.


Declaration of invalidity based on unregistered trademark

The Judgement of the General Court of 29 June 2016, in the case Universal Protein Supplements Corp. versus EUIPO and H Young Holdings plc, interprets the applicant’s obligation laid down in Rule 37(b)(ii) of Commission Regulation (EC) No 2868/95.


STANDARD SHAPE OF DESIGNATED GOODS

The Judgment of the General Court of 14 June 2016, in the case Loops, LLC versus EUIPO, discusses the distinctive character of the following three-dimensional mark:


THE IDENTITY OF GOODS WHEN THESE ARE ALREADY INCLUDED UNDER THE GOODS OF AN EARLIER TRADE MARK

The Judgement of the General Court of 7 April 2016 resolves the appeal filed by the company Industrias Tomás Morcillo, S.L. against the resolution of the Board of Appeal refusing the registration of the mark requested


European Union trade mark. Proof of genuine use of an earlier trade mark regarding opposition procedures against the registration of a trade mark.

Judgement of the General Court, 8 April 2016. Case T-638/14 Frinsa del Noroeste, S.A. vs European Union Intellectual Property Office (EUIPO).


DISTINCTIVE CHARACTER AND ACQUISITION THROUGH USE

In its Judgement of 24 February 2016, the General Court examines the distinctive character of the three-dimensional Community trade mark applied for by The Coca Cola Company, rejected by both the Examiner as well as the Board of Appeal of OHIM, and which resolves the appeal against the examiner's decision.