Category Archives: Trademarks & Design

The famous LEGO building brick is protected as an European Design

european design

The Court of the European Union, by decision of March 24, 2021, in case T-515/19, annulled the decision of the EUIPO Board of Appeal which declared invalid the LEGO building brick stating that the aesthetic features of the product (registered as a design and model) were uniquely dictated by the technical function of the product. […]

It is illegal to use someone else’s trademark as keyword advertising  

keyword advertising

By sentence of 17th August 2020, the Court of Milan ruled on the use of a trademark, by a person other than the owner, as keyword advertising. The Court of Justice of the European Union had already intervened on this subject in the “Interflora” leading case, establishing that “when the ad of the third party […]

Slogans distinctive ability

slogan come marchio

Recently, the Court of Justice of the European Union, in Case No. T-253/20, had the opportunity to clarify some important aspects related to the registrability of a promotional slogan as a trademark. In particular, the issue raised following the filing in the European Union of the word mark “It’s Like Milk But Made For Humans” […]

A trademark is only famous if you can prove it

reputation of a trademark

When one wants to prevent others from registering a trademark similar to theirs that is very well known, the fame of the trademark – that certainly cannot be taken for granted – must be proved. In a recent case (opposition proceedings No. B 3-106 137), the EUIPO (European Union Intellectual Property Office) reiterated that in […]