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…
genuine use of an EU trademark within the EU for services provided outside the EU
a summary of decision T‑768/20 of the General Court of the EU
The background of this decision was an application…
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…
The UK finally said bye-bye to the EU, but for how long will UK-based rights still matter in deciding EUTM-related controversies? This is the subject of two recent decisions by the General Court, i.e…
2021 has yet again been a busy year for the General Court when it comes to decisions dealing with EU trademarks. It would also have been busy for the Court of Justice; however, alas, also in 2021 the…
The ”Pearl” decision by the Federal Supreme Court (BGH) may not be brand new (15 October 2020), but it is interesting in many respects. This post will deal with the similarity of goods.
Facts
The…
Under EU trademark law, a trademark may be revoked if it becomes a misleading indication as to the nature, quality or geographical origin of the goods or services it designates after the date on…
The Swedish Patent and Market Court (PMD) ruled out a likelihood of confusion between two figurative trademarks for “ghost” and “GHOST VODKA” based on their mere visual differences. In fact, the…
Yesterday, 2 July 2020, the European Commission announced that it will refer Romania to the CJEU for not implementing the Trade Mark Directive (Directive (EU) 2015/2436) – see here.
While the…
