Distinctiveness

The prince and his prince house – where he lived happily ever after  The Swiss Federal Administrative Court, as the appeal authority in opposition proceedings, supported the decision of the FIIP and…

The Board erred by failing to consider whether the registered BROOKLYN BREW SHOP mark has acquired distinctiveness for beer-making kits. In an effort by the owners of the mark BROOKLYN BREWERY to…

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…

The assessment of likelihood of confusion among descriptive marks often causes puzzling decisions, especially when the analysis focuses on whether consumers understand the descriptive character of…

Background On 1st March 2021, an updated version of the EUIPO Guidelines for examination of EU Trade Marks entered into force. Changes can be seen in the ‘track changes’ version. This reveals…

After a long battle Saule LLC, a manufacturer of motocross and extreme cycling equipment, has managed to register the designation   as a trademark in Russia. Saule LLC uses the slogan "RIDE ONE…

On 20 January 2021, the General Court handed down its judgment in the slogan case brought by Oatly AB against the EUIPO’s refusal to register “IT’S LIKE MILK BUT MADE FOR HUMANS” (Case T‑253/20). The…

Imagine you file an application for a figurative mark, and EUIPO publishes it. But then your application is opposed by a third party. So while you’re fighting that battle, you file just the word…

Inspired by my co-blogger Agnieszka Sztoldman’s August post on Teva’s headache over slogan (EU) trade marks, and the mood-lifting granting of protection to the slogan “STIMMUNG HOCH ZWEI” in Austria …