BASMATI – or: Back into the Past?
by Verena von Bomhard – Published on 15 January at Kluwer Trademark Blog 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)...
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...
CJEU on the Kit Kat shape and acquired distinctiveness of EU trade marks for shapes
On 25 July 2018, the CJEU handed down its ruling in the latest edition of the battle between Nestlé and Mondelez over the KIT KAT shape (C-84, 85, 95/17 P). This time, the discussion focused on whether a non-traditional EU trade mark that is not...
CJEU: Puma’s feline jumps high: EUIPO must take into account earlier decisions recognizing reputation of a mark invoked in an opposition
Athanasia Giannopoulou, Verena von Bomhard (BomhardIP) By judgment of 28 June 2018 (C‑564/16 P), the CJEU rejected an appeal filed by the EUIPO. The case was, in essence, about whether and to which extent the EUIPO could or even had to take into account its own...