trademark

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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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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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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General Court: genuine use may be established if mark as used differs from mark as registered only in insignificant respects

This article first appeared on WTR Daily, part of World Trademark Review, in August 2019. For further information, please go to www.worldtrademarkreview.com  In proceedings for the cancellation of mobile.de’s MOBILE.RO mark, Rezon was asked to provide genuine use of the earlier mark MOBILE The board of Appeal found that genuine use of the earlier mark …

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Opposition Division finds likelihood of confusion between SO DIVINE and SO…? LOVELY

This article first appeared on WTR Daily, part of World Trademark Review, in (April/2019). For further information, please go to www.worldtrademarkreview.com. Debonair opposed the registration of the figurative mark SO DIVINE based on earlier SO…? LOVELY marks The opposition was partially upheld, as the marks were found to be similar and the goods/services were found to be …

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