IP Talk

New step for past commented decision

On November 12, 2008, the CFI confirmed the partial cancellation of the Lego brick for construction toys. The Court regarded as pointless the addition of non-essential characteristics having no technical function. The objective appreciation excludes perception through the sole target consumer. At this stage, the fighting margin of LEGO was limited to law considerations but …

New step for past commented decision Lire la suite »

FIFA not scoring their trademarks on the bench!

On June 20 and 30, 2008, the First Board of Appeal of the OHIM declared the Community trademarks WORLD CUP GERMANY, WORLD CUP 2006, WM 2006, GERMANY 2006 and WORLD CUP 2006 GERMANY as invalid. For the Board, these signs are exclusively descriptive indications of the goods and services claimed, which must remain available for …

FIFA not scoring their trademarks on the bench! Lire la suite »

Blind Test

On May 16, 2008, tthe Paris Court of Appeal considered the marks BLIND TEST as distinctive in respect of “discs, games, phonographic records”. For the judge, the proofs submitted were not sufficient to consistently establish that this expression was commonly used in the French language at the date of filing. The appreciation of the distinctiveness …

Blind Test Lire la suite »