Weak elements in trademarks

In a recent decision (T-726/21), the General Court (“GC”) confirmed that Rolex SA (“Rolex”) could not prevent the Danish fashion brand “Junk de Luxe” (owned by the company PWT A/S) from registering a…

On 26 November 2021, in BS-10861/2021-SHR, the Danish Maritime and Commercial Court found no likelihood of confusion between the EU-registrations to VITAYUMMY (used as   ) and   . Both for chewy…

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…

In February this year a dispute between the law firm FOCUS Advokater (“FOCUS Lawyers” in English) and the accounting firm Beierholm was decided by the Danish Maritime and Commercial High Court (BS…

While the new EUTMR 2017/1001 deleted any reference to disclaimers - previously provided by Article 37(2) of EUTMR No. 207/2009 - both the EU Directive 2008/95 and the Recast Directive 2015/2436…

The question of how far descriptive or non-distinctive trademarks which somehow managed to be registered may be enforced is of particular relevance in jurisdictions like Germany which acknowledge…

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…

Three recent General Court judgments concerning oppositions between trademark in the pharmaceutical and cosmetic fields have caught our attention. In all three cases, the marks were found similar…

This case concerns the first appeal from a Hearing Officer of the UK Intellectual Property Office ("UK IPO") to the Scottish Court of Session.   The dispute at issue was between CCHG Limited t/a…