Year: 2018

In Good Shape: The General Court Declares Pirelli’s Mark Registrable- Pirelli Tyre SpA vs. EUIPO, T-447/16

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, …

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Finding the right balance: The importance of the right measure regarding the distinctiveness of a position trademark (T-184/17)

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, …

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What learning can we get from the first CNIL’s formal notices under the GDPR?

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 …

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The ongoing dilemma to register geographical names, the “NEUSCHWANSTEIN” case:

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 …

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On the way to improving the protection of 3D trademarks in the European Union

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 …

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Specific regulations concerning the registration of certain products in Africa: registration of cosmetics in Nigeria with the national agency for food and drug administration control (NAFDAC)

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 …

Specific regulations concerning the registration of certain products in Africa: registration of cosmetics in Nigeria with the national agency for food and drug administration control (NAFDAC) Read More »