On 10 April 2025, Advocate General (AG) Cápeta delivered her opinion in the matter EUIPO v Nowhere, C-337/22 P, also referred to as APE TEES. The opinion is both surprising and concerning. If 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…
With its long-awaited BASMATI judgment of 20 June 2024, the CJEU dismissed EUIPO’s appeal.
According to the CJEU, the GC was right to uphold Indo’s action. The cease of effect of the earlier right…
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…
We UK lawyers view with interest the developments in the “Brexit cases”, resulting in appeals to the CJEU in 3 cases, as discussed in various previous posts on this blog, the latest being the summary…
On AG Szpunar’s Opinion in Case C-801/22 P
BASMATI was the first of the appeals to the CJEU in the three „Brexit cases“. The other two are APE TEES (EUIPO v Nowhere, C-337/22 P) and SHOPPI (Shopify…
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…
At a time when New Year’s resolutions to exercise more fizzle out for lack of motivation, many people realise what the General Court (GC) already knew: sport and entertainment do not necessarily have…
Readers might recall an earlier article (see here) discussing the positions of the General Court (GC) and the EUIPO’s Boards of Appeal (BoA) regarding (dis…
