Category Archives: Trademarks & Design

The distinctive capacity of a Vodka bottle

distinctive capacity of a three-dimensional trademark

The law presented by art. 4 of EU Regulation 2017/1001 provides many types of trademarks, among which the shape (or three-dimensional) trademark. It is commonly recognized, and even the Court of the European Union confirms it, that the assessment of the distinctive capacity of a shape trademark can be more difficult, given that such trademarks […]

An industrial design object without artistic value is not an intellectual work

industrial design

Judgement no. 302 of the Italian Supreme Court of Cassation delivered on August 1, 2022 upholds what it has been already stated in previous rulings (Cass. civ., sez. I, n. 23292 of 2015 and Cass. civ., sez. I, n. 7477 of 2017) regarding the copyright protection of a product intended for mass production. If an […]

Services provided in the USA and use of a trademark in Europe: a possible match

use of an European trademark

With judgment of July 13th 2022, given in the case T-758/20, the General Court of the European Union ruled again on the effective and genuine use of an European trademark. The issue involves, in particular, the application for revocation presented against a trademark registered at EUIPO, then integrally granted by the Invalidity Division and confirmed […]

Apple’s trademark “Think different” lapsed

Apple's trademark think different

In a recent decision (judgment of June 8th 2022 in cases T- 26/21, T-27/21 and T28/21) the European Court of Justice had to decide on the possible cancellation of three trademarks of Apple Inc., all having as object the word sign “THINK DIFFERENT”, famous advertising slogan of the Cupertino company. The American company was the […]