Banking and real estate services dissimilar
General Court, 10 June 2015, Case T-514/13, AgriCapital Corp. v. OHIM The General Court has found once again that banking and financial services on the one hand, and real estate services on the other, are dissimilar. Even in the event of almost identical marks an opposition...
Ex officio examination of priority claims in opposition proceedings
General Court, 25 June 2015, Case T-186/12, Copernikus-Trademarks Ltd. v. OHIM The General Court upheld the rejection by OHIM’s Board of Appeal of an opposition because the “earlier mark” on which the opposition had been based was not really earlier. It was filed after the opposed...
Victory for adidas – a new milestone in the battle against 2 stripes on shoes
General Court, judgment of 21 May 2015, T-145/14, adidas AG v. OHIM / Shoe Branding Europe BVBA*) Shoe Branding had filed an application for the following Community trademark: adidas opposed this based on numerous earlier trademark rights, all protecting its famous 3-Stripe mark, and including its CTM...
SPAIN: Reform of the Criminal Code. The latest progress in combating the digital piracy
On 30 May the Organic Law 7/2015 reforming the Spanish Criminal Code is to be passed introducing important novelties in the regulation of intellectual property crimes. The reform coming into force on 1 July 2015 removes the legal uncertainty in the definition of the crime from...
CJEU, 19 March 2051, Mega Brands International vs. OHIM (C-182/14 P)
· Opposition against CTM application MAGNEXT based on Spanish mark MAGNET 4, both for toys. · Appeal by CTM applicant successful. The General Court had found that there was a likelihood of confusion between MAGNET 4 and MAGNEXT. The Court of Justice agreed with the CTM applicant Mega...
Court of Justice, 10 March 2015, Trademark registration gives no affirmative right to use in the EU
Court of Justice, 10 March 2015, on reference from the Commercial Court Madrid, Rosa dels Vents Assessoria SL v. U Hostels Albergues Juveniles SL ("UH") (C-491/14) [not yet available in English] In its order of 10 March 2015, the CJEU confirmed that owning a trademark registration...
BomhardIP in the silver tier in WTR 1000
This is what World Trademark Review said: „BomhardIP ascends to the silver tier in this year’s WTR 1000. Established in March 2015, it has rapidly become a prime address for brand owners looking for a more flexible and efficient service that is not billed by the...
EUIPO Boards of Appeal: expedited appeal proceedings are now possible
There is no official fee for requesting expedited proceedings. A request must be filed at the same time as filing the notice of appeal together with its statement of grounds or, for respondents, when filing their observations in reply. The request must be submitted in...
The INTA Annual Meeting and a year in the life of a trademark practitioner
The life of a trademark practitioner has three seasons – pre-INTA, INTA, and post-INTA. Similarly to Christmas, every year it appears that the pre-INTA season starts sooner and INTA arrives more quickly (even though this year it was later than in recent years!). The week...
All three BomhardIP partner listed in new WTR1000 ranking
This is what World Trademark Review said: „Founded in late 2014 by Hogan Lovells alumni, BomhardIP has quickly found its stride. The compact outfit stands out for its lightning-fast responses and flexibility on fee schemes, which few of its competitors can meet. High-profile brand owners love...