By judgement of March 15, 2018, the EU Court rejected the appeal brought by La Mafia Franchise, Sl and confirmed the invalidity of the EU trademark “La Mafia se sienta a la mesa” no. 5510921 registered in classes 25, 35 because it is contrary to public policy. On July 23 2015, the Italian Republic filed […]
Category Archives: Trademarks & Design
Is it lawful the use of P.D.O. “Champagne” in the trade name of a champagne flavour sorbet?
The sentence of last 20 December 2017 (lawsuit C-393/16) by the Court of Justice of the European Union pronounced on the limits of prohibition of use of a protected designation origin. The pronouncement will be appreciated by many agricultural and food field producers. Here is the legal matter. Concerning a litigation between the association of […]
The EU Court of Justice expressed itself on the Exhaustion of the rights conferred by a trade mark: the Schweppes case
Art. 7 (1) of Directive 2008/95/CE of the European Parliament and of the Council of October 22,2008 on the Harmonization of national laws of member countries relating to trademarks , recorded as Exhaustion of trademark right states that: the trade mark right shall not entitle the proprietor to prohibit its use in relation to goods […]
Coloured trademarks: clarifications by the General Court of the European Union in the light of the precision and consistency criteria of art. 4 of Regulation no. 207/2009
Through a ruling of 30 november 2017 in Joined cases T-101/15 e T-102/15 the General Court of the European Union clarified the methods for the valid registration of a colour or a combination of colours as a trademark. The subject of the case-in-point were the EU coloured trademarks registered by Red Bull GmbH shown below: […]