Region: European Union

EUIPO: ‘I love’ sign on t-shirt not registrable as position mark

The decision confirms that simple advertising messages or promotional references on the front of t-shirts are typically not registrable.

04 June 2024

Good news for Skechers on appeal as EUIPO allows mark consisting of stick figure behind general prohibition sign

The Board of Appeal found that the mark, filed by US footwear company Skechers, did not depict the goods for which protection was sought.

03 June 2024

Trademark activity drops across all but one major register, Clarivate report shows

Trademark filings fell across five of six major registers in 2023, a new report by Clarivate reveals, but the results are more positive than they seem. 

30 May 2024

General Court confirms refusal of invalidity application under Article 59(1)(b), despite existence of earlier identical mark

The knowledge of the existence of a prior mark is only one of the factors to be taken into consideration and is not sufficient, on its own, to establish that there was bad faith.

30 May 2024

General Court interprets several general principles of EU law in opposition proceedings

The applicant’s right to be heard had not been infringed since, in particular, he had been able to make his views known before the Board of Appeal before the adoption of its decision.

29 May 2024

EUIPO refuses position mark for footwear

The decision, which involved a mark consisting of a band with a knot, ribbons and metal pendants, applied to the upper part of a shoe, provides guiding principles on the registrability of position marks.

28 May 2024

Blow for Puma as General Court finds that complete shoe could be taken into account despite dotted lines in earlier designs

The court notably dismissed Puma’s argument that the comparison between the earlier designs and the contested designs should be made based on the soles of the shoes. 

23 May 2024

Sta Grupa v EUIPO: a genuinely useful decision

The decision provides valuable guidance as to what constitutes evidence of genuine use in revocation actions before the EUIPO.

22 May 2024

DUTCH GENQUILA for wine held to evoke PGI ‘Tequila’

The relevant EU consumer is likely to establish a sufficiently clear and direct link between DUTCH GENQUILA, used for wine, and the spirit drink protected by the PGI ‘Tequila’.

20 May 2024

European green advertising rules are good for brands

Tougher penalties and claim validation will give more weight to green ads done right, but murky guidelines leave pioneering companies guessing, argues this week’s opinion column

18 May 2024

Unlock unlimited access to all WTR content