All articles in “Trademark Law”

7. March 2019
International Intellectual Property

Ferrero wins before the ECJ in the trademark dispute over packaging. In yesterday's judgment, the European Court confirmed the previous decisions declaring a competitor's trade mark in similar Tic Tac-style packaging invalid.

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4. March 2019
International Intellectual Property

The French manufacturer of the well-known MIKADO chocolate bars has won an appeal before the European Court of Justice. The protected earlier 3 D colour mark combined with the brand name MIKADO was recognised as a mark from the shape of the product and as a necessary proof of genuine use of the earlier mark.

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1. March 2019
International Intellectual Property

In yesterday's judgment of the ECJ in the trademark proceedings concerning the cosmetics brand SO 'BiO ētic, the focus was on the assessment of the court in the judgment of June 2017 in these trademark proceedings. The CJEU disregarded the established case-law on the likelihood of confusion between trademarks and the reputation of an earlier trademark, according to the action.

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26. February 2019
International Intellectual Property

Word marks must not be descriptive, therefore new word creations as word marks are popular. The German BPatG now rejected the word creation ColorPlugin as a trademark registration and specified special features in word formation with regard to protectability and distinctiveness.

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