distinctiveness

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…

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…

Chiquita Brands queens it over Red Queen – General Court, 29 May 2024, T-79/23   The General Court (GC) has annulled another Board of Appeal decision. That in itself is worth reporting as this…

  The judgment of the General Court (GC) concerns a textbook case and addresses the typical arguments in trademark conflicts in the cosmetics sector. Facts The Applicant, Azalee Cosmetics, applied…

A recent decision by the General Court deals with the weight of figurative elements in the overall impression of a sign. Facts The applicant applied for the registration of the following sign as an…

The General Court of the European Union (“GCEU”), annulling the Board of Appeal (“BOA”) decision, found that L’Oreal’s K K WATER mark is not confusingly similar to Heinze’s earlier K mark. It was not…

Dispute and Facts Munich SL owns an EU registration of 2004 for the following figurative mark:   This representation means that the crossed stripes are placed on the side of a shoe. The registration…

Following the inspirational blogs by Agnieszka Sztoldman and Katharina Schmid’s on slogans here and here, I would like to share some fairly recent decisions from Norway. They show that there is “hope…

Reason prevailed: on 5 October 2020 (T-602/19), the General Court of the European Union granted the action of Eugène Perma France against the EUIPO and held that the marks NATURALIUM and NATURANOVE…