Trademark

 The General Court did not agree with the arguments raised by the Applicant (VistaJet ltd.) in support of their challenge of the First Board of Appeal decision[1]. The mark was found to be too…

Of Sea Lions and SEAT Leons: Swiss Court Weighs in on Automobile TrademarksHow different do “animal trademarks” need to be to coexist in the Swiss market? A recent decision from the Swiss Federal…

 A recent Court of Appeal decision revolved around the fast-food chain, Morley’s, and use of a similar trade mark by a lesser-known chain called Metro’s (including seven franchisees). Given the…

Facts This judgment by the GC  (available in German and French) concerns three EUTM applications, one for the word "AESKUCARE" and two figurative marks with “AESKUCARE” as their dominant element. The…

Stay informed with our comprehensive roundup of the past month's headlines, all neatly compiled for you in one convenient post. Catch up on the latest news reported by the Kluwer IP Reporter. Canada…

The General Court (GC) has recently confirmed that the figurative European Union trademark no. 002810299 consisting of two parallel stripes on the side of a shoe lacked distinctiveness (T-307/23 of…

The 'Hawk Tuah' meme, popularised by Haliey (sic!) Welch, has prompted several third parties to apply for trademark protection in the EU. Can Welch, the 'Hawk Tuah Girl', challenge them?   collage…

You may know the "Chewbacca Defence" from the South Park cartoon series. Here is a similarly confusing defence, which we named after the national dish of Hungary. The principle of acquiescence is…

Already in 2019, the Austrian Supreme Court (“OGH”) had confirmed the lower instance decisions cancelling the Austrian figurative mark “SW Sophienwald” for being decriptive of its geographical origin…