On 30 April 2020 (C-772/18), the Court of Justice of the European Union (“CJEU”) addressed a contentious issue in trademark enforcement. It discussed the definition of “use in the course of trade”,…
CJEU’s recent preliminary ruling in Gömböc Case C-237/19 highlights assessment criteria regarding the registrability of shapes of goods as trademarks. The shape of the Gömböc was refused trademark…
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 …
“What the FACK just happened?!”, some thought, when the CJEU delivered its judgment on the registrability of the trademark FACK JU GÖHTE on 27 February 2020.
In case you are unfamiliar with the case,…
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…
Many trade mark owners will rejoice in CJEU’s decision in Skykick this week as the CJEU ruled that overly broad specifications will not automatically render a registered mark invalid and that the…
Bad faith is on the rise – whether in reality or as a useful weapon against trade marks is another question. Recently, both the General Court (GC) and the Court of Justice (CJEU) have had several…
On 14th October 2019 the Italian authorities seized approximately 250 tubes of Prosecco and Pink Peppercorn flavoured Pringles crisps from supermarket chain Tosano in the Veneto region of…
The EU legislation does not provide for a definition of the concept of bad faith, but the EU case law in course of years has developed a number of criteria which offer guidance in assessing when a…
