The First Board of Appeal of the European Union Intellectual Property Office (EUIPO) presented its standpoint on the use of a trademark in different form than registered and the proofs of such use.
In a...
05
May
Using a trademark in different form than registered and proofs of genuine use – part 1
The First Board of Appeal of the European Union Intellectual Property Office (EUIPO) presented its standpoint on the use of a trademark in different form than registered and the proofs of such use.
In a...
14
Apr
What a trademark is like everyone can see… but, is it so obvious indeed? – Theory and practice in the light of EUIPO jurisprudence. Marks as the sound.
Our articles on various kinds of trademarks published systematically in a series under the title “What a trademark is like everyone can see… but is it so obvious indeed?” discussed among others sound marks as a...
17
Feb
A trademark cannot contain the symbol of cannabis. But is it always so sure?
A trademark cannot contain the symbol of cannabis. Such was the decision of the General Court of the European Union issued on 16 December 2019, which we broadly commented in one of our previous IP...
27
Jan
What a trademark is like everyone can see… but, is it so obvious indeed? – theory and practice in EUIPO’s judicial decisions
In our series of articles on various kinds of trademarks titled “What a trademark is like everyone can see…but, is it so obvious indeed?”, motion trademarks were mentioned among others as a category of marks...
02
Dec
Can XOXO be a trademark? The Court of the European Union says NO!
Can XOXO be registered as a trademark? The Court of the European Union decided that it cannot. Is it a further step of getting the practice stricter and stricter in the scope of assessing registrability...
18
Nov
„Black forest” not for clothes – a geographical indication blocks the way to trademark registration
Black forest (Polish “czarny las”, German “Schwarzwald”) as a trademark destined among others for the marking of clothing and footwear, seems to be a catchy and original sign, and most importantly – it seems to...
05
Nov
May the logos of famous fashion brands represented in the form of a pastiche referring to the idea of “social distancing” infringe copyrights?
For over half a year the world has been functioning in a new mode of “lockdown” and “social distancing”. Although we are gradually becoming used to the new reality as time goes by, we should...
29
Oct
Halloween – celebration and intellectual property
As the end of October is approaching, one can observe as Halloween related articles are being displayed in stores and supermarkets.
Halloween is a festival of ghosts which is observed on 31st October. This festival does...
16
Sep
The symbol of cannabis is contrary to public policy and a trademark containing it cannot be registered in the European Union.
In a judgment of December 12th 2019, in case T-683/18, the General Court (Seventh Chamber) stated that a trademark referring to cannabis cannot be registered, as it is contrary to public policy in the meaning of...