We know that save in “exceptional” cases, colours do not initially have a distinctive character, although they may be capable of acquiring such character as the result of the use made of them. But…
How many times in the course of a trademark clearance have you discovered that clearly, descriptive trademarks - usually registered because of some tiny stylization or unremarkable imagery – have…
In our previous post, we discussed the issue of terms that are descriptive in English but still lead to likelihood of confusion on an EU level, given the General Court’s belief that " …if the word is…
Should a registered EU trademark which consists of a descriptive term (in one of the EU languages) be capable to prevent registration of a later EUTM which is fanciful but happens to contain the same…
” Few ideas and confused”. This was a frequent comment from high school professors reviewing our test results which seems strangely apt to describe this latest attempt by the Italian Government to…
If a mark is revoked after never being used, may the trademark owner obtain compensation of the “damages” incurred before revocation took effect? This what the CJEU was asked to decide in case C 622…
As has already been reported on this blog (see here), the Court of Justice has annulled the decision of the General Court saying that the refusal of EUTM application FACK JU GÖHTE for being …
With decision C-783/18 P of 12 December 2019, the CJEU upheld the GC decision (Case T 313/17) that a three-dimensional trademark consisting of a shape of an amphora was distinctive enough to be…
The CJEU quite often agrees with its General Court, so when it does not it’s always interesting to see why. In the GC’s judgment (T-253/17, - here previously commented) the GC had considered…
