Genuine use

In its decision of 23 August 2024, the German Federal Patent Court ruled, inter alia, on the question whether a word mark is put into genuine use when it is used as part of a logo and displayed in a…

  Burning hot August day in the picturesque bay of Lindos (Rhodos/Greece) A recent decision of the Higher Regional Court Vienna (OLG Vienna), second - and often last – instance in cancellation and…

On 25 January 2024 the CJEU issued the long-awaited judgement in the already famous AUDI case (C-334/22). This judgment confirms the possibility of Audi trade mark infringement in terms of the legal…

The decision in question, made by the General Court of the EU – Standard International Management LLC v EUIPO – has clarified that use of EU trade marks in advertisements and offers for sale…

  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 you may recall from our post on the 'Sony Vita' invalidation case, where a trade mark is registered for a product but only used for something viewed by consumers as a different product, the trade…

CA 8668/19 CHANEL v. SCENTWISH LTD— Supreme Court decision dated October 31, 2021 The Israeli Supreme Court has recently remanded to the District Court for further review a claim for a declaratory…

On 1 September 2021, Sony’s 'Vita' trade mark lost out in genuine use revocation proceedings in the EU General Court (see case T‑561/20). The trade mark Vita had been registered by Sony for a variety…

The CJEU quite often agrees with its General Court, so when it does not it’s always interesting to see why.  In the GC’s judgment (T-253/17, - here previously commented) the GC had considered…