EUTM

    On 30 January 2020, the General Court of the European Union confirmed the Board of Appeal’s decision rejecting the opposition brought by Julius Sämann against the EUTM application for the sign…

                                                                   Is this the (only) ONE?   The General Court denies likelihood of confusion, contrary to EUIPO In one of its last decisions in the…

Bad faith is on the rise – whether in reality or as a useful weapon against trade marks is another question. Recently, both the General Court (GC) and the Court of Justice (CJEU) have had several…

By the end of June, the US Supreme Court will have ruled on the registrability of scandalous and immoral marks in Iancu (USPTO) v Brunetti (No. 18-302). The case raises the issue of whether, in light…

With decision of 15.10.2018 on case T-7/17, the General Court (GC) has clarified an important factor for applicability of Article 8(3) EUTMR, on the prohibition for registration of a trademark filed…

The Danish Parliament, Folketinget, passed a new Danish Trademark Act (TMA) on 20 November 2018. The TMA implements the harmonisation of the relevant EU directive (Directive (EU) 2015/2436 of 16…

Sometimes cases are not really that interesting for their outcome, but rather for how the Courts get there. In this case, Wajos GmbH filed a 3D mark consisting of a glass container, shown below,…

    This case is about the genuine use of shape marks. M J Quinlan & Associates PTY Ltd. of Australia own a 1999 registration for the shape of a kangaroo. The mark is protected for potato snacks and…

  On 25 July 2018, the CJEU handed down its ruling in the latest edition of the battle between Nestlé and Mondelez over the KIT KAT shape (C-84, 85, 95/17 P). This time, the discussion focused on…