BASMATI – or: Back into the Past?
by Verena von Bomhard – Published on 15 January 2024 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...
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...
The bad faith conundrum in the EU continues – KOTON, SKY, ANN TAYLOR, NEYMAR, CAFÉ DEL MAR
by Florica Rus, Verena von Bomhard - Published on 31 October at Kluwer Trademark Blog Bad faith is on the rise – whether in reality or as a useful weapon against trade marks is another question. Recently, both the General Court (GC) and the Court of...
De-branding and rebranding are trademark infringements! CJEU on Mitsubishi forklift trucks matter
On 25 July 2018 (C-129/17), the CJEU decided that de-branding and rebranding of goods prior to any trade within the EEA without the trademark proprietor’s consent constituted ‘use in the course of trade’ of the originally affixed trademark and could, therefore, be prohibited by the...