EU

Although not impossible, seeking trademark protection for slogans in the European Union can prove difficult. What can be learned from those slogans that have achieved success?

The Unified Patent Court Agreement received a further blow this month after Germany’s Federal Constitutional Court declared the Act establishing the system null and void on constitutional grounds.

Earlier this year, the EPO published its decision setting out the reasons for its refusal of two European patent applications in which an AI system was designated as the inventor. 

Despite holding a EU collective trademark, the EU General Court ruled that ‘Halloumi’ was too descriptive, and thus lacking in distinctive character, to successfully oppose a EU trademark application for ‘BBQloumi’. Now, the CJEU has set aside that decision.

As the coronavirus spreads, so too do related trademark applications. It’s only the latest example of how registrations follow medical and political news.

The revised Rules of Procedure at the EPO’s Boards of Appeal (RPBA), known as ‘RPBA 2020’, came into force on 1 January 2020. The revised rules apply to any appeal pending on, or filed after, this date.

If a trademark office deems a potential trademark to be contrary to public policy or accepted principles of morality, it can refuse to register the mark. Following a recent CJEU decision, concrete evidence will be necessary to substantiate that decision, as Casper Hemelrijk explains. 

A recent judgement by the District Court of The Hague shows the importance of documenting comprehensive and consistent evidence of trademark and trade name use.

Announcement last week that the UK ‘will not be seeking involvement’ in the Unified Patent Court and Unitary Patent system is the latest blow for the much delayed EU patent, as Robert Balsters explains. 

Such has been the success of the comedy movie Fack ju Göthe, its production company sought to register the title as a word mark. Casper Hemelrijk examines the public policy and morality objections within both the European and Benelux trademark contexts.

France’s new PACTE law has set out to modernise utility certificates by increasing their term of protection and adding new provisions to allow applicants to transform utility certificate applications into patent applications.

Celebrities are advised to protect their names as trademarks if they are to take action against unauthorised use by third parties, as Megan Taylor explains.