Common law action for passing off. Risk of misrepresentation and risk of dilution of the earlier trade mark. Abresham Super Basmati Selaa Grade One World’s Best Rice v. Basmati

On 14 June 2017, Mr Hamid Ahmad Chakari, filed an application for registration of an EU trade mark with the European Union Intellectual Property Office (EUIPO).


Calculation of the prescription period for industrial property claims against continuous infringement acts. – NADORCOTT mandarin tree case

Following an application lodged by Nadorcott Protection SARL on 22 August 1995 with the Community Plant Variety Office (‘the CPVO’), the CPVO granted it a Community plant variety right in respect of the NADORCOTT variety of mandarin tree. An appeal with suspensive effect was brought against that decision before the Board of Appeal of the CPVO but was dismissed.


A word sign must be refused registration if at least one of its potential meanings designates a characteristic of the goods or services concerned. “Made of Wood” case

On 6 May 2019, the applicant, Mr Beelow, applied to the European Union Intellectual Property Office (EUIPO) for registration of a European Union trade mark. The trade mark applied for is the word sign 'made of Wood'.


The reputation enjoyed by the ‘Estrella Galicia’ trademark in the beer sector cannot be extended to oils and fats for food use. Estrella Galicia v. Estrella Andaluza

The entity "Hijos de Rivera, S.A." lodged an administrative appeal against the decision of 23 October 2019 of the Spanish Patent and Trademark Office which dismissed the appeal lodged against the decision of 10 June of the same year which granted registration of trademark No. 3,741,648 "Estrella andaluza" (word graphic) applied for by the entity "Hottos 2018, S.L." to protect goods in class 29 of the international nomenclature, definitively granting the registration.


The General Court finds that there is a likelihood of confusion. FRESHLY COSMETICS IDENTY v. IDENTITY

On 6 June 2018, the appellant, Freshly Cosmetics, S. L., filed an application for registration of an EU trade mark at the European Union Intellectual Property Office (EUIPO). The trade mark in respect of which registration was sought is the following figurative sign:


The overall impression produced by the contested design is different from those produced by the earlier marks. TOUS vs. The Bear-shaped lamp ZHEJIANG CHINA

Zhejiang China-Best Import & Export Co. Ltd, is the proprietor of Community design No 4422343 0012, which was applied for and registered on 26 October 2017, as part of a multiple application, for 'luminaires' falling within class 26.05 of the Locarno Agreement and is represented in the following image:


In assessing the similarity of the goods or services, all the relevant factors relating to those goods or services should be taken into account. Sfera / Sfera Kids v. Sfora Wear

On 21 September 2016, the other party to the proceedings, Andrzej Koc , filed an application for registration of an EU trade mark with the European Union Intellectual Property Office (EUIPO). Registration as a trade mark was sought for the word sign SFORA WEAR. The goods for which registration was sought are in Classes 18, 24 and 25 of the Nice Agreement.


Requirements for an unregistered trade mark to be able to apply for a invalidiy declaration of a subsequently registered trade mark.

On 22 September 2009, Fiesta Hotels & Resorts, S.L. filed an application for registration of an EU trade mark at the European Union Intellectual Property Office (EUIPO). The trade mark in respect of which registration was sought is the following figurative sign:


The General Court points out that designations of origin are protected for both goods and services. Champanillo v. Champagne

Case C 783/19 concerns a reference for a preliminary ruling from the Audiencia Provincial de Barcelona to the Court of Justice in the proceedings between the Comité Interprofessionnel du Vin de Champagne (CIVC) and GB concerning infringement of the protected designation of origin (PDO) "Champagne".


The importance of the correct wording of goods and services when applying for a trademark. BIMBO vs. VICKY FOODS

On 14 June 2018, Hijos de Antonio Juan, S. L., filed an application for EU trade mark registration before the European Union Intellectual Property Office (EUIPO). The trade mark in respect of which registration was sought is the word sign DONAS DULCESOL for various foodstuffs, including pastry and confectionery products; pastries; biscuits; brioches and cakes.


To what extent does the existence of employment relationship between the parties preclude or eliminate the possibility of recognizing co-authorship? Negishi v. Antonio De Felipe

On 7 October 2016, the artist Fumiko Negishi brought an action before the Commercial Court seeking a declaration of authorship and, in the alternative, co-authorship of two hundred and twenty-one works created together with the artist Antonio De Felipe, her employer.


Guerlains’s three-dimensional trademark is is unusual for its type of goods and differs from any other shape on the market

On 17 September 2018 Guerlain applied for registration as a European trade mark of a three-dimensional sign for Class 3, 'lipsticks'.