Distinctiveness

34 articles available

Of Sea Lions and SEAT Leons: Swiss Court Weighs in on Automobile TrademarksHow different do “animal trademarks” need to be to coexist in the Swiss market? A recent decision from the Swiss Federal…

The General Court (GC) has recently confirmed that the figurative European Union trademark no. 002810299 consisting of two parallel stripes on the side of a shoe lacked distinctiveness (T-307/23 of…

  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…

Chiquita Brands queens it over Red Queen – General Court, 29 May 2024, T-79/23   The General Court (GC) has annulled another Board of Appeal decision. That in itself is worth reporting as this…

  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…

To which extent can the General Court review decisions by the EUIPO Boards of Appeal (BoA) is an issue never properly addressed, and one that the CJEU has found to be “significant with respect to the…

  The Delhi High Court recently in the case of Coty Germany GmBH v. Xeryus Retail Private Limited (CS(COMM) 1298/2018 & I.A. 8603/2023) permanently restrained two websites, namely  perfumery.co.in…

The General Court of the European Union (“GCEU”), annulling the Board of Appeal (“BOA”) decision, found that L’Oreal’s K K WATER mark is not confusingly similar to Heinze’s earlier K mark. It was not…

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…