Registrability

A trademark registration of a color per se is notoriously difficult to achieve, but what about the name of a color? In two recent decisions from the Danish Board of Appeal (BOA) regarding the…

The discrepancy between the case law using geographical origin as a reason for rejection of a trademark in the EU and at the DKPTO, respectively, is becoming increasingly noticeable; most recently…

In law, perhaps one of the most famous aphorisms is "I know it when I see it", which Justice Potter Stewart used to describe his threshold test for obscenity (in Jacobellis v. Ohio,  378 U.S. 184 …

Amendments to the Czech and Slovak Trademark Acts implementing the EU trademark reform of 2015 have been recently passed by the respective parliaments. The amendments will become effective on 1…

In a recent judgement, the Swiss Federal Administrative Court once again confirmed its (too) strict position with regard to the registration of shape marks. The court ruled that a three-dimensional…

Shape mark: form of a drinking bottle lacks distinctiveness in relation to perfumes A recent judgement of the Swiss Federal Administrative Court highlights the strict practice for the registration of…

The German Football Association (DFB) owns the international mark “Deutscher Fussball-Bund” (with device) with basic registration in Germany (see image below), claiming protection for a wide variety…

CeramTec GmbH is the owner of the color trade mark IR 1‘109‘076 claiming protection for a shade of pink (Pantone 677, see image). At the beginning of 2012, CeramTec applied for the extension of…

The Swiss Federal Administrative Court overturned a decision of the Swiss Trademark Office and allowed the word marks "SCHWEIZER SALINEN", "SALINE SVIZZERE", "SALINES SUISSES", "SWISS SALINES", …