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 …
Only available in French. Once again, we are faced with the cancellation of a trademark that all indications were that it would be untouchable. The EUIPO decided otherwise and in March this year pronounced the partial revocation of the trademark registered by the IOC in 1998 in classes 1 to 45. This case raises several …
The Olympic rings partially fallen! (Decision on Cancellation No 3 689 C) Read More »
Since its accession to the Madrid Protocol in 2015, the African Intellectual Property Organization (OAPI) is available in the list of targetable territories in the context of an international application. As a preliminary, it must be admitted logically, and without considering the figures, that the rallying of OAPI seems to be a boon for international …
Statistics concerning filing of international trademarks designating OAPI Read More »
In the following article, in association with SMD Country Index, Charlotte Urman, deals with the current meaning of silence. The old adage that “silence equals consent” is widely applicable in French Law, in particular for adminstrative purposes. Indeed, usually (even if so many exceptions exist) in case the French Administration does not reply to a …
In today’s e-cigarette world, disputes about traditionnal cigarettes still flourish, also regarding trademark registration and availability. In France, it is quite rare that Appeal Courts contradict INPI’s oppositions decisions, but here the applicant, a Bulgarian company, whose trademark application was rejected by the opposition division, decided to go for broke in appeal. The granted opposition …
Ajouter des éléments pour différencier sa marque d’une autre, bonne idée ? Read More »
In trademark law, the analysis of files, particularly for registrations and oppositions, has always been based on the trademarks “as they were registered”. This means that any context that did not come into play during the registration of the trademark, whether it has to do with the sign, the sign’s possible description or products and/or …
Created by Milton Glaser in 1977 for an advertising campaign launched by the State of New York, the sign can now be found in numerous declensions, especially in the tourism sector. In France, several trademarks resembling the “I ♥ Paris” sign were applied for by the rights owner, Laurent Zilberberg. The oldest of his …
‘I ♥’ … Le monopole du cœur en droit des marques Read More »
After opening a hotel in Courchevel, the LMVH group announced its intention to open a new CHEVAL BLANC hotel in the Maldives in 2013. But it does not stop there! Their hotel and restaurant website states the following: MALDIVES After the Cheval Blanc hotel in Courchevel, the world number one in the luxury business, LMVH, …
CHEVAL BLANC, VINS ET HOTELLERIE : UNE LIAISON DANGEREUSE ? Read More »
