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Trademark Insight 02/2023 – European Union & Germany

Trademark Insight. With this format, we will be informing you at regular intervals about current trademark law decisions of the EUIPO, European Union Courts, and the German courts. Each...

News

Trademark Insight - January

Trademark Insight. With this format, we will be informing you at regular intervals about current trademark law decisions of German courts, the EUIPO and the European Union Courts. Each...

News

Trademark Insight - December 2022

Trademark Insight. With this format, we will be informing you at regular intervals about current trademark law decisions of German courts, the EUIPO and the European Union Courts. Each...

News

Invalidity for bad faith: Imitation of a historical trademark only permissible under strict conditions

According to EUIPO, a historical trademark can still enjoy residual protection even if no (new) goods and services have been offered under it for a long time. If such a historical trademark ...

News

CJEU: Interruption of the forfeiture period only in the case of serious legal action

Trademark proceedings concerning the rights to the trade name and trademark "HEITEC" were brought before the German Federal Court of Justice (BGH), which in turn referred four...

News

German FCJ on the exploitation of the reputation of geographical indications as collective trademarks

The possibility to protect geographical indications as collective or individual trademarks exists, in principle, independently of the system for the protection of geographical indications...

Insights and Analysis

Color codes need to be learned - SIENNA not descriptive for tobacco products according to GC
Registered Content

According to the GC, color designations are not descriptive if the designation - in this case SIENNA - is not commonly used in the relevant industry and the public is therefore not aware of ...

Insights and Analysis

LaLiga misses goal with "El Clasico" before the GC due to descriptiveness
Registered Content

The GC confirms the rejection of the word/figurative mark "El Clasico" of the Spanish professional soccer league "LaLiga". The sign is in the opinion of the court merely ...

Insights and Analysis

Pirelli trademark stays on track after CJEU ruling in its favor
Registered Content

A legal dispute lasting almost 10 years concerning the invalidity of a figurative sign in the name of Pirelli Tyre SpA, which depicts the groove of a tire, has now come to an end as a...

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