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Gregor Vos (Brinkhof)
European trademark law in Wonderland
March 01, 2016

CJEU 16 July 2015, C-681/13, Diageo Brands/Simiramida available here Law can be strange and European law even stranger. The CJEU decision in this case reads as another fantasy novel where European…

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Michal Havlik (Havlik Svorcik & Partners)
Will proof of use slow down Czech and Slovak opposition proceedings?
January 25, 2016

The European trademark package published in the EU Official Journal on 24 December 2015 brings numerous amendments of the EU Trademark Regulation and EU Trademark Directive. From the point of view of…

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Julius Stobbs (Stobbs IP)
Nestlé loses latest trade mark battle in the UK with Cadbury over KitKat shape
January 22, 2016

On 20 January 2016, the Chancery Division of the High Court issued its judgment on the latest appeal concerning Nestlé’s attempt to register the 3D shape of its four-fingered bar. Sadly for Nestlé,…

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Lasse Skaarup Christensen (Gorrissen Federspiel)
Are you using your black and white trademarks correctly?
January 22, 2016

17 IP-Offices of the European Trademark and Design Network, including OHIM, have agreed on a Common Practise regarding the scope of protection of black and white (hereafter B&W) marks. See Common…

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Johannes Fuhrmann (Bomhard IP)
General Court: car shape found not registrable (decision of 25 November 2015, case T-629/14)
December 17, 2015

Once again, the General Court has found a three-dimensional mark consisting of a product shape not sufficiently distinctive for registration. This time, the shape in question was that of a vehicle,…

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Katharina Schmid (schmid-ip)
CTM with a reputation: CJEU provides guidance on the relevant geographical territory and public for establishing both reputation and infringement
December 16, 2015

For those who have been wondering ever since the PAGO International ruling (C-301/07) if the owner of a CTM with a (proven) reputation in one or a few member states can also enforce it as a „mark…

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Verena von Bomhard (BomhardIP), Gregor Vos (Brinkhof)
Welcome to the Kluwer Trademark blog!
December 15, 2015

The world of trademarks is one of the most fascinating legal areas there is. At least that is what trademark practitioners the world around agree upon. This blog is exactly intended for that group of…

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Adam Gyorgy (SBGK Attorneys at Law and Patent Attorneys)
KIT KAT case, more guidance on the on absolute ground objections for shape marks in European trademark law
December 10, 2015

While many commentators discussed the judgment of CJEU of 16 September 2015 in the case C-215/14. - Société des Produits Nestlé SA v Cadbury UK Ltd. – also known KIT KAT case, most of them debated on…

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