Category Archives: Trademarks & Design

Trademark revocation and invalidity: possible also through administrative procedures

Legislative Decree No. 15 of 20 February 2019, which came into force on last 23 March, introduces some important innovations regarding the revocation and invalidity of the trademark. In particular, it introduces an administrative procedure that allows the revocation or invalidity of a trademark through a faster procedure, instead of the one carried out in […]

McDonald’s has lost the right to the trademark ‘Big Mac’

This was established by the European Union Office for Intellectual Property (EUIPO), which ruled on a company’s action concerning the revocation for non-use of the well-known American trademark. The evidence provided by McDonald’s to demonstrate the serious and effective use of ‘Big Mac’ throughout the Union was not useful. The decision states that certain evidence, […]

The legal fake and trademark registration by a third party

With judgment no. 51754, filed on November 15, 2018, the Italian Criminal Court, section V, ruled concerning the distinction between the conduct integrant to the civil offence of unfair competition referred to in art. 2598 of the Italian Civil Code, no. 1 and the conduct integrant to the criminal offence referred to in art. 473 […]

The trademark is registrable only if it has acquired distinctive character throughout the European Union

A trademark must have distinctive character in order to be registered.   This requirement can also be acquired later because of the use made of the trademark but the conditions for this to happen are rather strict as taught by the Court of Justice of the European Union in its judgment of 6 September 2018 […]