Law: Regulation (EU) 2017/1001 - EU Trademark Regulation

Famous sports personalities before EU courts: some you win, some you lose

Featured in WTR Special Report Q2 2024: Training your defence: the sports brand playbook

15 July 2024

Blow for Société du Tour de France in TOUR DE X opposition 

In a “particularly severe” decision, the General Court confirmed that there was no likelihood of confusion between TOUR DE X and the earlier TOUR DE FRANCE marks.

27 June 2024

General Court: Board of Appeal erred in assessing distinctiveness of ULTRA for beer

In this dispute between competing breweries Anheuser-Busch and Amstel, the court found that ‘ultra’ was a generic, laudatory term which was incapable of differentiating the commercial origin of the goods.

26 June 2024

Morality v freedom of expression: the COVIDIOT decision

This decision of the EUIPO’s Grand Board may be seen as a ‘high-water mark’ in applying the Article 7 absolute grounds for refusal.

25 June 2024

EUIPO considers genuine use of 3D bottle shape mark

When assessing the evidence of genuine use, individual pieces of evidence should not be analysed in isolation, but together, in order to identify their most likely and coherent significance.

24 June 2024

Germany: EU directives, international treaties and domestic initiatives boost IP protection

Featured in Anti-counterfeiting and Online Brand Enforcement: Global Guide 2024

German anti-counterfeiting authorities have found their work in national legislation harmonising with EU initiatives and contracted international treaties (eg, the Paris Convention). This sturdy foundation supports the country’s border measures, criminal prosecution, civil enforcement and infringement prevention.

24 June 2024

General Court provides primer on scope of review and genuine use

An accumulation of items of evidence may allow the necessary facts to be established, even though each of those items, taken individually, would be insufficient to prove genuine use.

21 June 2024

TRUMP opposition decision focuses on evidence of use of prior marks 

DTTM Operations LCC, which manages Donald Trump’s IP rights, was partially successful in opposition proceedings against a German businessman’s application for TRUMP.

19 June 2024

General Court criticises Board of Appeal’s findings in CHIQUITA QUEEN case

The reputation acquired in the market by a word element in a trademark application may be relevant when assessing the likelihood of confusion with an earlier mark.

17 June 2024

NETFLIX v WEEDFLIX: Netflix fails to prove reputation of its marks in the EU

The evidence did not convincingly demonstrate the degree of recognition of the NETFLIX marks or that the marks were known by a significant part of the relevant public on the relevant date. 

10 June 2024

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