Stung by the CACTUS – the CJEU strikes twice
The CJEU judgment of 11 October 2017 in the CACTUS matter (C-501/15 P) surprised twofold: first, the CJ held that EUTMs from before July 2005 that covered all class headings in class 35 automatically covered “retail services for any goods”, and then, it considered the...
When do figurative marks represent the appearance of the goods?
In the M/S. Indeutsch International case concerning the validity of the “Chevron” device shown above (T-20/16 of 21 June 2017), the General Court held that the mark (described in the registration as “a repeated geometric design”) could not be seen as representing the appearance of...
How “unitary” is an EUTM? CJEU decides in the KERRYGOLD matter
County Kerry in Ireland, a beautiful region in the South known for its cattle breeding, is known to many trademark practitioners from the early CJEU trademark judgment in GERRI vs. KERRY SPRING (C-100/02, Gerolsteiner Brunnen). It has just become the protagonist of another CJEU judgment:...
Chanel’s logo and interlocking 3s (or Ss) – same overall impression?
On 18 July 2017, the General Court held that the two designs shown here produced the same overall impression (case T-57/16; not yet available in English). The EUIPO – both first and second instance – had held otherwise. The Cancellation Division described the designs as...
LAGUIOLE: national law in EUIPO proceedings – full review of legality by General Court
On 5 April 2017, the Court of Justice handed down its judgment in the EUIPO vs. Gilbert Szajner matter (C 598/14 P), also known as LAGUIOLE – the EUTM that was at issue. The case concerns an opposition based on the French business name Forge...
GOLDEN BALLS are true to their name – they´re back before the General Court
The GOLDEN BALLS saga continues: after losing in the last round before the Board of Appeal of the EUIPO, Golden Balls Limited has once again taken its case (or cause?) to the General Court in Luxembourg (“GC”) (pending case T 8/17). For recollection: in 2007, two...
The EUTM has unitary effects… with exceptions proving the rule: combit and Kerrygold
Known to many, there is a recent judgment of the CJEU confirming that, if likelihood of confusion exists in only part of the EU, the EUTM is not infringed in the other part – which must be exempted from an injunction. Less known to most,...
ALL CHANGE – The Eleventh Edition of the Nice Classification goes live on January 1, 2017
WIPO´s information notice (no. 29/2016) of 24 October 2016 announced that the new edition of The International Classification of goods and services will enter into force on January 1, 2017. The new edition includes a number of changes affecting the class headings even in some...
CJEU confirms: piecemeal renewals of EUTMs are possible – Nissan Jidiosha KK v. EUIPO, C 207/15 P
CJEU confirms: piecemeal renewals of EUTMs are possible – Nissan Jidiosha KK v. EUIPO, C‑207/15 P Overview:In one of its (few!) positive decisions on appeal, the CJEU has decided that the owner of an EUTM who has renewed the registration only in part can later on request...
Article 28(8) Declarations – The final countdown…..
The statutory deadline of 24 September 2016 for the filing of a declaration under Article 28(8) of the amended EU Trade Mark Regulation (“EUTMR”) is fast approaching. This deadline cannot be extended. Our previous guidance note on specifications and in particular Article 28(8) EUTMR declarations can...