In February 2023, we reported the NIGHTWATCH decision of the Fourth Board of Appeal of the EUIPO addressing conversion of EUTMs, and more specifically, whether conversion can be filed where the EUTM …
A few days ago, we reported that the Executive Director (ED) of the EUIPO had referred questions to the Grand Board of Appeal (see here) . The full referral has now been published (see here) so that…
On April 2nd, the EUIPO has publicly announced the first referral by the Executive Director to the Grand Board of Appeal pursuant to Article 159(4)(l) of the EUTMR n. 2017/1001 in conjunction with…
In the absence of specific EU provisions, EU national court shall apply in regard to EUTM registrations the applicable national law pursuant to art. 129 EU Reg. 2017/1001 (EUTM Regulation). However,…
Should a registered EU trademark which consists of a descriptive term (in one of the EU languages) be capable to prevent registration of a later EUTM which is fanciful but happens to contain the same…
For some time, the Danish Patent and Trademark Office (DKPTO) has taken the approach that when an opposition is based on the reputation associated with earlier EU rights, then those earlier EU…