Trademark

The European Court of Justice (ECJ) held in its decision C-541/18 of September 12, 2019 that the distinctive character of a sign applied for as a trademark –a prerequisite of eligibility for…

The Board was found to have applied the wrong standard for the second time in adjudicating the same claim. The Trademark Trial and Appeal Board applied the wrong standard in determining that an…

Previously on the Kluwer Trademark Blog We have amply reported about the Gömböc case before. If you have missed the previous episodes, you may read our post on the request for a preliminary ruling to…

Paragraph 30(2)(a) of the Trademarks Act requires that an application for a trademark must describe the associated goods and services in “ordinary commercial terms.” Approximately 64% of all…

The scope of protection of a trade mark registration is a key question faced by trade mark practitioners when advising on rebrands. The recent Oatly case [Oatly AB v Glebe Farm Foods Limited [2021]…

As with other aspects of trade mark law, the UK and EU have adopted asymmetrical arrangements about exhaustion post-Brexit. The arrangements result in uneven outcomes on enforcement against parallel…

Guerlain, the luxury French perfume, cosmetics and skincare house, has emerged victorious in their three year-long attempt to obtain registration of a three-dimensional EU trade mark in respect of…

It is a common occurrence in the lifetime of a brand for ownership to change. In some cases, multiple times as part of corporate restructuring or the sale of a brand. The cost and process for…

  According to the German Federal Supreme Court’s decision of 29 July 2021 (Case I ZR 139/20) the gold-colored foil of Lindt’s chocolate bunny is protected by a trademark acquired through use. The…