By the judgment of September 27, 2017 on the joined cases C-24/16 and C-25/16, the Court of Justice of the European Union (CJEU) expressed itself upon the correct interpretation of article 20(1)(c) of Regulation n. 6/2002 on Community designs. The CJEU – to which the question was remitted by the Land High Court of Düsseldorf […]
Category Archives: Trademarks & Design
Using a patronymic name as a trademark has less distinctive character in the wine sector
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
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
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 […]