Year: 2020

Anticipate your divorce (continued): CJEU considers existence of economic link between parties

This article first appeared on WTR Daily, part of World Trademark Review, in May 2020. For further information, please go to www.worldtrademarkreview.com. Gugler France sough a declaration of invalidity of the mark GUGLER, owned by Gugler GmbH The CJEU confirmed that the economic link between the parties when the application for registration of the mark …

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Collective/ Certification Trademarks : the new deal of the French “PACTE” law

Law No. 2019-486 adopted on May 22, 2019 known as “PACTE law” relating the growth and transformation of companies, reforms the very specific organization of trademarks formerly known as “simple collectives” and “certification collectives”. Beyond a simple change in terminology which now distinguishes “collective trademarks” and “guarantee trademarks”, this is an upheaval on the subject …

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CHAMPAGNOLA – Another win for Protected Designation of Origin against evocation with respect to non-comparable goods and services

On 17 April, the Board of Appeal of the European Intellectual Property Office (EUIPO) issued an important decision clarifying the extent of evocation in relation to a Protected Designation of Origin (PDO). In this decision, the Board of Appeal upheld the Comité Champagne initial opposition and stated that the contested EUTM application CHAMPAGNOLA must be …

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Does the use of a company name or a trade name worth be a trademark use?

In the same vein that the judgment about the trademark Grand Frais, the Cancellation Division of the EUIPO has recently confirmed the cancellation for non-use of the trademark Cactus, a trade name for a supermarket, for cosmetic products. If the use as company name and trade name is admitted, no serious use in the meaning …

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The 9 key points for the launch of your online wine sales site

In these times of confinement, many operators in the wine sector are studying the possibility of developing their own e-commerce site to sell their wines, faced with the disruption of traditional physical outlets (restaurants, wine merchants, etc.). In order to help you take the step in the best conditions, here are the 9 key points …

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General Court maintains strict approach to assessment of distinctive character

This article first appeared on WTR Daily, part of World Trademark Review, in (February/2020). For further information, please go to www.worldtrademarkreview.com. On 5 February 2020 the General Court issued its decision in Hickies Inc v European Union Intellectual Property Office (EUIPO) (Case T‑573/18). Background On 5 July 2017 Hickies Inc (‘the applicant’) filed an application …

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The application of the LCEN to a request for the blocking of sites infringing trademarks

In this decision, the Court of Paris was asked to rule on the question whether the owner of an online counterfeit trademark could base his request to block websites on the basis of Article 6.I.8 of the LCEN or whether, according to the adage “Specialia generalibus derogant”, the existence of a specific basis in trademark …

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A bad grade for Armani

There is nothing wrong the registration of a single letter as a trademark, provided it fulfils its trademark function and be perceived as an indication of origin for consumers. This is not the case for the first, and one of the most used letters of our Latin alphabet, reproduced without stylistic effort. This cancellation decision …

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