General Court

On AG Szpunar’s Opinion in Case C-801/22 P   BASMATI was the first of the appeals to the CJEU in the three „Brexit cases“. The other two are APE TEES (EUIPO v Nowhere, C-337/22 P) and SHOPPI (Shopify…

  Part 1 of this year’s retrospective provided a general overview over the GC case law from 2023 with numbers and a special focus on genuine use cases. Part 2 now focuses on weak marks. The reader is…

  The year is ending and so it is time, once again, to look at what has been coming out of the General Court (GC) over the past 12 months. While the numbers here are only approximate, resulting from…

A recent decision by the General Court deals with the weight of figurative elements in the overall impression of a sign. Facts The applicant applied for the registration of the following sign as an…

   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…

In a recent decision (T-726/21), the General Court (“GC”) confirmed that Rolex SA (“Rolex”) could not prevent the Danish fashion brand “Junk de Luxe” (owned by the company PWT A/S) from registering a…

  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…

  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…