12/16/2024 12:01:27 PM Fact or Law? Scope of the Board of Appeal’s assessment can include well-known facts not adduced by parties By Julia Präger Introduction In the realm of trade mark law, the assessment of potential confusion between marks is a critical component of legal...
11/11/2024 11:05:36 AM When evidence fails, ICE trade mark melts away By Martina Fossati A new wake-up call regarding the importance of genuine use for trade mark owners On September 2, 2024, the EUIPO Board of Appeal (the...
12/6/2023 10:52:00 AM “Facing” the possibility of registering human faces as trade marks – EUIPO clears up the issue By Pietro Dettori It is well known that one of the main functions of a trade mark is to identify a person or trader’s products or services. In this way,...
11/20/2023 4:38:00 PM Super Simon – a super trade mark? By Jan Bärenfänger Can a 22-second video be a trade mark? Perhaps a 22-second video featuring Super Simon can? That’s what an applicant wanted to know from...
9/20/2023 3:46:00 PM Can emojis be trade marks? Thumbs down from EUIPO leaves applicant with sad face By Naji Tilley In Case R 2305/2022 Käselow Holding GmbH (1 June 2023), the EUIPO Board of Appeal (BoA) rejected an appeal against the refusal to...
4/3/2023 11:53:00 AM No monopoly on the Metaverse By Robert Milligan The EUIPO rejects two EUTM applications for METAVERSE FOOD and METAVERSE DRINK. Background On 11 February 2022, Oshee Polska Sp. z. o. o....
3/6/2023 1:09:00 PM Sustainable trade marks: the rise in green filings By Thomas Hooper The current climate crisis and other environmental issues have spurred businesses on to consider their approach to sustainability....
11/24/2022 11:45:00 AM Pre-Brexit use in the UK irrelevant in EU cancellation proceedings heard after Brexit By Callum Granger In an important decision (found here), the General Court has decided in favour of the EUIPO, holding that evidence of use of an earlier...
8/4/2022 12:30:00 PM Protection in the Metaverse: the EUIPO issues practice tips for trade mark classification By Robert Milligan With the growth of the Metaverse and ever-increasing use of NFTs, brand owners have been faced with the problem of how best to protect...