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…
As expected, in its decision of 21 December 2022 (T-44/22), the General Court (GC) upheld the refusal of the packaging design shown above on the right as a trademark for tobacco products in class…
A recent decision of the EUIPO’s Fourth Board of Appeal (BOA) dealing with conversion deserves a closer look at this instrument, and at the practice of the EUIPO relating to conversion (decision of…
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…
This is the Kluwer Blog Team wishing all our readers a Happy New Year – and providing the by now traditional yearly review of Luxembourg cases.
2022 was again a busy year for the courts in…
Not many cases make it to the Grand Board of Appeal of the EUIPO. The ICELAND cases did, including the first oral hearing ever before the Grand Board attracting lots of attention. There has been…
A judgment of the General Court demonstrates the controversial and problematic nature of retail services marks.
The ALDI/ALDIANO Case
The case concerns Aldi, the discount chain. An Aldi entity (in…
As expected, frankly wished for, and previously reported on this blog (see here), the EUIPO appealed the General Court’s Ape Tees decision (T-281/21) to the Court of Justice. The Court allowed this…
EUTM 17981629 in the name of Pest Control Office Limited
In May 2021, the Cancellation Division of the EUIPO declared the registration of Banksy’s Monkey image invalid on grounds of bad faith…
