Español
DeutschDISTINCTIVE CHARACTER OF A FIGURATIVE MARK
The Judgement of the General Court of 15 December 2016, in the case Novartis AG versus EUIPO, analyses Article 7(1) of Regulation No 207/2009. On August 2014, Novartis AG filed two applications for registration of the figurative signs as EU trade marks for Class 5 of the Nice Agreement with the description “Pharmaceutical preparations”. By decision of 24 November 2014, the examiner rejected the applications for registration on the ground that the marks applied for were devoid of any…
TAKING UNFAIR ADVANTAGE OF THE DISTINCTIVENESS OR THE REPUTE OF AN EARLIER MARK
The Judgement of the General Court of 30 November 2016, in the case K&K Group AG versus EUIPO and Pret A Manger (Europe) Ltd, analyses Article 8(5) of Regulation No 207/2009. On 3 May 2012, K&K Group AG filed an application for registration the figurative sign as an EU trade mark for Classes 29, 30, 35 and 43 of the Nice Agreement. On 18 December 2012, Pret A Manger (Europe) Ltd, filed an application for a declaration of invalidity against the mark based on the earlier marks: EU…
MAIN NEWS REGARDING THE EUROPEAN REGULATION ON DATA PROTECTION
The new REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND COUNCIL of 27 April 2016, came into effect on 25 May 2016, with reference to the protection of natural persons regarding the processing of personal data and the free movement of such data. This Regulation will be implemented as of 25 May 2018, as companies and entities have two years in order to adapt to this, with the presentation of the draft bill for the reform of the Spanish Data Protection Act [Ley Orgánica de Protección de…
Taking unfair advantage of the distinctive character or the repute of an earlier mark
The Judgment of the General Court of 28 September 2016, in the case of The Lacamanda Group Ltd versus EUIPO and Nigel Woolley, interprets the conditions that must be satisfied to be afforded the broader protection under Article 8(5). On 25 November 2005, Mr Nigel Woolley filed an application for registration of the word sign ‘HENLEY’ as an EU trade mark for Classes 9, 14 and 18 of the Nice Agreement. This was registered on 25 January 2007. In 2009, The Lacamanda Group, filed an application for…
EARLIER NATIONAL TRADE MARK
The Judgment of the General Court of 7 September 2016, in the case Victor International GmbH versus EUIPO and Gregorio Ovejero Jiménez, interprets the proof of genuine use of an earlier national trademark, and the likelihood of confusion between the earlier national trademark and the EU mark applied for. Universal Victor International GmbH filed an application for registration of an EU trade mark consisting of the word sign “VICTOR” for classes 25 and 35. Against this application Gregorio…
Copyright : Communication of a work to the public
Judgement of the Court of Justice of 8 September 2016. Case C160/15, requested for a preliminary ruling under Article 267 TFEU from the Supreme Court of the Netherlands, concerning the interpretation of Article 3(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society. The request was made in proceedings between GS Media BV and Sanoma Media Netherlands BV…
EU trade mark. Opposition proceedings: Earlier, non-registered national figurative marks. Evidence establishing the content of the national right.
Judgement of the General Court (Fourth Chamber), of 29 June 2016, in case T-567/17. Group OOD vs EUIPO and Kosta Iliev. On 13 February 2012, Mr Kosta Iliev, filed an application for registration of a European Union trade mark before EUIPO, pursuant to Regulation (EC) Nº 207/2009 of 26 February 2009, in Classes 35, 39 and 43 of the Nice Agreement. On 11 July 2012, the applicant, Group OOD, filed a notice of opposition against registration of the mark applied for. The applicant relied on a…
Declaration of invalidity based on unregistered trademark
The Judgement of the General Court of 29 June 2016, in the case Universal Protein Supplements Corp. versus EUIPO and H Young Holdings plc, interprets the applicant’s obligation laid down in Rule 37(b)(ii) of Commission Regulation (EC) No 2868/95. Universal Protein Supplements Corp. filed an application of invalidity against the trademarks applied for by Young Holdings plc based on an unregistered trademark. According to Article 8(4) of Regulation No 207/2009 the proprietor of a sign, other than…
Declaration of invalidity based on unregistered trademark
The Judgement of the General Court of 29 June 2016, in the case Universal Protein Supplements Corp. versus EUIPO and H Young Holdings plc, interprets the applicant’s obligation laid down in Rule 37(b)(ii) of Commission Regulation (EC) No 2868/95. Universal Protein Supplements Corp. filed an application of invalidity against the trademarks applied for by Young Holdings plc based on an unregistered trademark. According to Article 8(4) of Regulation No 207/2009 the proprietor of a sign, other than…
STANDARD SHAPE OF DESIGNATED GOODS
The Judgment of the General Court of 14 June 2016, in the case Loops, LLC versus EUIPO, discusses the distinctive character of the following three-dimensional mark: for class 21, designating ‘toothbrushes’. The examiner and the Second Board of Appeal of EUIPO refused protection of the mark applied for as it was immediately recognized as a toothbrush, without any further research or prolonged reflection, which suggested at the very least that it did not depart significantly from the shape which…