In cancellation proceedings the German Federal Patent Court denied registrability to a 3-D-mark depicting a chocolate stick for chocolate products largely based on evidence it had collected on its…
The Spanish Supreme Court recently had to consider the likelihood of confusion between the representation of a lila mop registered as a two-dimensional trade mark and another party’s actual product,…
The Schogetten chocolate cases from Germany and Hungary are an example of how differently courts in the member states can still interpret what is essentially the same trademark.
This blog deals with…
On 20 January 2016, the Chancery Division of the High Court issued its judgment on the latest appeal concerning Nestlé’s attempt to register the 3D shape of its four-fingered bar. Sadly for Nestlé,…
Once again, the General Court has found a three-dimensional mark consisting of a product shape not sufficiently distinctive for registration. This time, the shape in question was that of a vehicle,…
While many commentators discussed the judgment of CJEU of 16 September 2015 in the case C-215/14. - Société des Produits Nestlé SA v Cadbury UK Ltd. – also known KIT KAT case, most of them debated on…
According to the Spanish Supreme Court, three-dimensional marks consisting of the shape of the product or its packaging are not considered to be genuinely used when used in conjunction with a highly…
