E & J Gallo winery is the owner of the European Union trademark Gallo for alcoholic beverages in class 33, registered in 1996. This trademark was the subject of a claim of seniority of a French trademark of 1968. The claim of seniority is an act enabling the owner of an EU trade mark to …
GALLO at the receiving end of the stone throwing Read More »
BACKGROUND The applicant, Pirelli Typre SpA, filed an application for a registration of an EU trademark on the 23rd of July 2001, for the following figurative sign in class 12: ‘Tyres, solid, semi-pneumatic and pneumatic tyres, rims and covers for vehicle wheels of all kinds, vehicle wheels of all kinds, inner tubes, wheel rims, parts, …
Since our BREXIT WHAT’S GOING ON PART I was published on October 2018, we have been tracking the news as police tracks robbers. On November 13rd, 2018, Agreement on the BREXIT was finally reached between UK and EU representatives, and followed by the EU political declaration. Such declaration states the broader guidelines on future relations …
Leifheit AG filed a position trademark application described as follows: « the position mark is composed by four green squares apposed on the down face of a balance, in each corner, close to the border. » The trademark claims class 9, namely scales. This trademark has been refused by the EUIPO considering its lack of distinctiveness. Indeed, …
Since the GDPR entered into force in May 2018, multiple decisions were issued by the CNIL according to the ancient law. Their analysis put into bright that the most frequent breaches are about: the legality of the personal data processing (data that are not minimized, purpose diversion, lack of consent of the data subject), the …
What learning can we get from the first CNIL’s formal notices under the GDPR? Read More »
A geographical name serves as a mean to identify a location. The latter has a big impact on the consumer as it inspires a feeling, or a memory linked to a country or a city name. For example, Monaco represents luxury, France makes you think of “savoir vivre” with fashion, art and wine, and Germany …
The ongoing dilemma to register geographical names, the “NEUSCHWANSTEIN” case: Read More »
We are all aware of the rigor of the EUIPO and the Court of the European Union with regard to 3D trademarks. In fact, they have demonstrated in recent years their reluctance to grant protection to such trademarks, particularly in the field of food products and beverages. The following signs have been rejected at the …
On the way to improving the protection of 3D trademarks in the European Union Read More »
Some products are subject to certain requirements before they are placed on the market in some countries. In Nigeria, NAFDAC is the authority charged with the regulation and control of the importation, exportation, manufacture, advertisement, distribution, sale and use of certain products. The scope of its authority is broad and the products under its …
