Facts
This judgment by the GC (available in German and French) concerns three EUTM applications, one for the word "AESKUCARE" and two figurative marks with “AESKUCARE” as their dominant element. The…
Already in 2019, the Austrian Supreme Court (“OGH”) had confirmed the lower instance decisions cancelling the Austrian figurative mark “SW Sophienwald” for being decriptive of its geographical origin…
After yet so many decisions denying trademark protection for slogans in Germany, the Federal Patent Court in Germany recently allowed registration of the slogan mark “Who stops you” (decision of…
The judgment of the General Court (GC) concerns a textbook case and addresses the typical arguments in trademark conflicts in the cosmetics sector.
Facts
The Applicant, Azalee Cosmetics, applied…
Dispute and Facts
Munich SL owns an EU registration of 2004 for the following figurative mark:
This representation means that the crossed stripes are placed on the side of a shoe. The registration…
The Swiss Federal Tribunal has ruled that the shape of the Nespresso capsules is technically necessary and that Nestlé's 3D trademark shall therefore be cancelled (decision 4A_61/2021 of 7 September…
Can coffee be hell? Of course, bad coffee, we knew that. On the other hand, the General Court (GC) has recently confirmed that the sign “HELL” can be protected for coffee-related products as an EU…
Can the name of a historical, well known place be registered as a trademark? If we think about the NEUSCHWANSTEIN case (C-488/16), the answer is: yes, it can be registered, provided there is no…
