Cet article a d’abord été publié dans WTR Daily, faisant partie de la World Trademark Review, en (Février/2020). Pour plus d’informations, aller sur www.worldtrademarkreview.com. L’EUIPO a rejeté une demande de marque tridimensionnelle consistant en la forme d’un lacet de chaussure au motif qu’elle était dépourvue de tout caractère distinctif. La Cour a confirmé que la …
We previously reported the decision of the European Court of First Instance which on November 19, 2009, denied registration to a couple of Community trademark applications for the numerals 150, 250, 350, 222, 333 and 555 (for “periodicals, books, games brochures” in class 16), 1000 (for “brochures, periodicals containing crossword puzzles and rebus puzzles, newspapers” …
The Second Board of Appeal of the OHIM has decided in Case R-1088/2010-2 that the mark consisting in the single letter ‘W’ (not really stylized as it was rather close of a word mark – the picture below is not the mark in concerns) should be allowed registration in respect of ‘transport; packaging and storage …
Chocolate truly are part of the Christmas period…. even at the OHIM! Four decisions have been issued by the General Court on December 17, 2010 in cases T-336/08, T-337/08 T-346/08 and T-395-08 about the Lindt bunny displayed in gold and red colours, a shape of the reindeer, a red dibbon and the cholcolate bunny shape …
After the Examiner of the OHIM and the Second Board of Appeal, the General Court confirmed on September 28, 2010, that a CTM application representing the pocket of a jean could not mature into registration for products of classes 18 and 25 because it lacked distinctiveness. For the Court, the sign at hands would only …
No TM distinctiveness on jeans pocket for the OHIM Lire la suite »
The General Court has held on September 8, 2010, that the trademark filed by Mr. Hans-Peter Wilfer consisting in the specific guitar/bass headstock shown below lacked distinctiveness and could not be registered in classes 9 and 15. This decision confirmed the previous findings of the Opposition Division and of the Board of Appeal. The General …
OHIM makes some noise around trademark protection for guitars and basses Lire la suite »
Just published is a decision issued on April 9, 2010, by the Paris Court of Instance which upheld the registered mark of LVMH for the clasp shown below to be distinctive. For the Court, that shape is not imposed by the function of the articles it applies to. It even can refer to the V …
The General Court has confirmed in cases T-109/08 and T-110/08 that no registration should be granted to trademarks consisting in the specific aspects of wine bottles because they lacked distinctiveness and were not evidenced as having acquired distinctiveness though use. Spanish company Frexeinet SA had filed for ‘sparkling wines’ in class 33 the trademarks below …
Distinctiveness of bottle surfaces under OHIM standards Lire la suite »
Just published is a decision of the Court of First Instance of Paris dated March 16, 2010, which ruled the revocation of Whirlpool’s French 3D trademark (shown below). Whirlpool was suing Kenwood for trademark counterfeiting and Kenwood said the mark lacked of distinctiveness. The Court said that the overall shape of the mark did not …
Revocation of Whirlpool’s French 3D trademark Lire la suite »
