CJEU on “testarossa” – to the rescue of vintage brands
by Verena von Bomhard – Published on 15 February at Kluwer Trademark Blog Vintage brands – generally well-known marks that have been phased out but live on in consumers’ memories – face the challenge that trademarks that are not used are cancelled. The CJEU judgment of...
EU: Slogan IT’S LIKE MILK BUT MADE FOR HUMANS registrable
by Verena von Bomhard – Published on 8 February at Kluwer Trademark Blog On 20 January 2021, the General Court handed down its judgment in the slogan case brought by Oatly AB against the EUIPO’s refusal to register “IT’S LIKE MILK BUT MADE FOR HUMANS” (Case...
CJEU on EU trademark appeals in 2020 – year in review
by Verena von Bomhard – Published on 30 December at Kluwer Trademark Blog Here‘s a look-back on the year that is about to end, with a promise not to say anything about Covid, Brexit, or Trump! This is about CJEU rulings in 2020 concerning appeals filed in trade mark...
CHRISTMAS IN EU TRADEMARKS – Happy Holidays from the Kluwer Trademark Blog Editors!
by Verena von Bomhard – Published on 23 December at Kluwer Trademark Blog The Kluwer Trademark Blog wishes all readers very Happy Holidays and of a very good new year 2021 (not only in relative terms!). Christmas is upon us – only two more days. Children are...
EU: NATURAlly no confusion between NATURALIUM and NATURANOVE for cosmetics
by Verena von Bomhard – Published on 24 November at Kluwer Trademark Blog 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 could not...
Brexit – Impact on EU trade marks
From 1 January 2021 (‘Exit Day’), the UK will no longer be covered by EUTMs. Here are some of the most significant practical consequences for trademark protection. A. Registered EUTMs • EUTMs registered on Exit Day will be converted automatically and at no cost into ‘comparable UK...
Overdue reform: at last Romania is set to transpose the Trade Mark Directive
by Florica Rus – Published on 3 July at Kluwer Trademark Blog Yesterday, 2 July 2020, the European Commission announced that it will refer Romania to the CJEU for not implementing the Trade Mark Directive (Directive (EU) 2015/2436) – see here. While the deadline to transpose the Trade...
EUIPO – further general deadline extension until 18 May 2020
Dear Friends, Hot off the press: the EUIPO has just announced a further general extension of all deadlines until 18 May 2020. The Decision of the Executive Director (Decision No. EX-20-4) can be found here. Initially, the EUIPO had extended all deadlines until 1 May 2020, assuming...
Book Review: “Likelihood of Confusion in Trade Mark Law” by Jeroen Muyldermans and Paul Maeyaert
by Verena von Bomhard – Published on April 6, 2020 at Kluwer Trademark Blog Jeroen Muyldermans and Paul Maeyaert, both experienced IP litigators at the renowned Belgian law firm Altius, have undertaken the humungous task of compiling, analysing, structuring and presenting the case law deriving from...
EUIPO extends all deadlines – statutory or set by the Office – until 1 May 2020
As that is a public holiday (and a Friday), this means that, as from now, all deadlines will not end before 4 May 2020. See here for the Decision of 16 March 2020 of the Executive Director....