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DeutschTaking 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). On 25 November 2005, Mr Nigel Woolley filed an application for registration of the word sign ‘HENLEY’ as an EU trade mark for Classes 9, 14 and 18 of the Nice Agreement. This was registered on 25 January 2007. In 2009, The Lacamanda Group, filed an application for…
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. Universal Victor International GmbH filed an application for registration of an EU trade mark consisting of the word sign “VICTOR” for classes 25 and 35. Against this application Gregorio…
Copyright : Communication of a work to the public
Judgement of the Court of Justice of 8 September 2016. Case C160/15, requested for a preliminary ruling under Article 267 TFEU from the Supreme Court of the Netherlands, concerning the interpretation of Article 3(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society. The request was made in proceedings between GS Media BV and Sanoma Media Netherlands BV…
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. On 13 February 2012, Mr Kosta Iliev, filed an application for registration of a European Union trade mark before EUIPO, pursuant to Regulation (EC) Nº 207/2009 of 26 February 2009, in Classes 35, 39 and 43 of the Nice Agreement. On 11 July 2012, the applicant, Group OOD, filed a notice of opposition against registration of the mark applied for. The applicant relied on a…
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. Universal Protein Supplements Corp. filed an application of invalidity against the trademarks applied for by Young Holdings plc based on an unregistered trademark. According to Article 8(4) of Regulation No 207/2009 the proprietor of a sign, other than…
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. Universal Protein Supplements Corp. filed an application of invalidity against the trademarks applied for by Young Holdings plc based on an unregistered trademark. According to Article 8(4) of Regulation No 207/2009 the proprietor of a sign, other than…
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: for class 21, designating ‘toothbrushes’. The examiner and the Second Board of Appeal of EUIPO refused protection of the mark applied for as it was immediately recognized as a toothbrush, without any further research or prolonged reflection, which suggested at the very least that it did not depart significantly from the shape which…
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 for part of the goods designated because of their identity with those of the earlier mark registered The only ground the appellant alleges is infringement of Art. 8(1)(b) of Regulation Nº. 207/2009. Firstly, the appellant claims and tries to prove a use of the mark prior to the…
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). Genuine use of a previous trade mark, submission of new facts and evidence. Article 42(2) of Regulation (EC) Nº 207/2009: “If the applicant so requests, the proprietor of an earlier Community trade mark who has given notice of opposition shall furnish proof that, during the period of five years preceding the date of publication of the Community trade…
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. The three-dimensional trade mark applied for by The Coca Cola Company refers to a bottle with the following characteristics for Classes 6, 21 and 32: There are two reasons for the appeal by…