Category Archives: Trademarks & Design

Using a patronymic name as a trademark has less distinctive character in the wine sector

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The patronymic trademark is generally considered as a strong trademark since it has no conceptual connection with the products or services that it distinguishes and, as such, it affords a wide protection even against slight similarities that may create confusion in the consumer’s mind. However, the above statement must be mitigated in relation to the […]

The possibility of registering trademarks consisting exclusively of numerals

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A sign composed exclusively of numerals can be registered as a EU trade mark, even though it doesn’t have a graphic representation, since there isn’t, in principle, any absolute ground for refusal to the registration of such trademark. However, the registration is refused if there is a sufficiently  direct and specific link between that sign […]

The consent to a registration shall be expressed

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With the judgment of 13 July, 2017 (Case T-389/16) the Court has decided the type of consent that the owner of a prior trademark has to give to the registration of a same or similar subsequent trademark. The case submitted to the UE Court concerned the litigation between AIA and Casa Montorsi S.r.l. which asked […]

Google’s AdWords. Using someone else’s trademark is unlawful

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In order to be at the top of the results of a search engine, many undertaking s do not hesitate to use sponsored wordings which correspond to competitor’s trademarks as keywords. This bad habit comes from a basic error: thinking that since the words used as keyword are invisible at the exterior, this is not […]

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