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DeutschDeclaration 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…
Public consultation on the role of publishers in the copyright value chain and on the 'panorama exception'.
The European Commission launched a public consultation on 23 March regarding the role of publishers in the copyright value chain and on the 'panorama exception', including the possibility of extending related rights to these, and whether the regulation should be different for the press for the updating of copyright measures in the EU in order to adapt these to the digital era. The ‘panorama exception’ is the possibility to take photographs or create other images of buildings and sculptures that…
COMMUNITY TRADE MARK. OPPOSITION PROCEEDINGS AND RELATIVE GROUNDS FOR REFUSAL. AQUALOGY/AQUALIA.
Judgement of the General Court, 25 February 2016. Case: T-402/14 FCC Aqualia, S.A vs. OHIM. Likelihood of confusion. Article 8(1)(b) and 5, of Regulation (EC) Nº 207/2009: “if because of its identity with or similarity to the earlier trade mark and the identity or similarity of the goods or services covered by the trade marks there exists a likelihood of confusion on the part of the public in the territory in which the earlier trade mark is protected; the likelihood of confusion includes the…
DISTINCTIVE CHARACTER OF THE “COINTREAU” BOTTLE REGISTERED AS A THREE-DIMENSIONAL TRADE MARK
The COINTREAU Company filed a claim for infringement of the international, three-dimensional trade mark Nº 553.499 consisting of a bottle with certain features for Classes 32 and 33 with effect in Spain, against the companies Vidirerías Masip, S.A., Licores Deva, S.A. and Destilerías La Vallesana, S.A. for the manufacture and marketing of a liqueur presented in a bottle basically identical to that of the mentioned brand, COINTREAU, without their authorisation. The plaintiffs opposed this…
TAKING LEGAL ACTION FOR INFRINGEMENT OF A COMMUNITY TRADE MARK ALTHOUGH A LICENCEE IS NOT ENTERED IN THE REGISTER
In its Judgement of 4 February 2016, the Court of Justice resolved the following preliminary ruling question: Does the first sentence of Article 23.1 of the (EC) Council Regulation 207/2009, of 26 February 2009, referring to a Community trade mark, “Legal acts referred to in Articles 17, 19 and 22 concerning a Community trade mark shall have effects vis-à-vis third parties in all the Member States only after entry in the Register” preclude a licensee who is not entered in the Register from…
COMMUNITY TRADE MARK. Zitro IP Sàrl (Triple Bonus).
Judgement of the General Court, 14 January 2016. Case: T-318/15 Zitro IP Sàrl vs OHIM. Descriptive character. Article 71)(c), and 2, of Regulation (EC) Nº 207/2009: “the registration of trade marks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods or of rendering of the service, or other characteristics of the goods or service will be refused…