The European Patent Office (EPO) has published a draft version of its new Guidelines for Examination, which will enter into force on 1 March 2022. Martin Kohrs examines the proposed changes.
Music app Spotify has successfully opposed the registration of the trademark ‘Potify’ by marijuana app Potify on the grounds of dilution by blurring and tarnishment. Julia Schefman examines the US Trademark Trial and Appeal Board ruling and asks whether the outcome would have been any different under EU law.
The legal dispute between Marks & Spencer and Aldi over their rival Colin the Caterpillar and Cuthbert the Caterpillar birthday cakes was the source of many headlines and Twitter posts in 2021. Luke Portnow explains what the supermarket chains' decision to settle out of court means for the UK's law of 'passing off' post-Brexit.
In a 2014 press release, luxury car manufacturer Ferrari presented its new FXX K sports car to the public for the first time. Its battle to enforce an unregistered design right based on that disclosure has taken it through the German courts to the CJEU.
Typefaces, as with any graphic creation, can benefit from legal protection as long as they meet the relevant criteria for IP protection.
Inditex, the parent company of trendy clothing brand Zara, has partially failed in its attempt to register an EU trademark to cover food products, restaurants and related services. In its December 2021 ruling, the EU General Court found mainly in favour of food producer Ffauf Italia, as Julia Schefman explains.
The international systems for trademark and design protection continue to expand, with Jamaica the latest country to file instruments of accession. The more countries that join the systems the better it is for companies that operate internationally.
Last July, the Enlarged Board of Appeal of the EPO issued decision G1/21, which authorises oral proceedings before the Boards of Appeal via videoconferencing during a period of general urgency, even if all parties have not given their consent.
In a recent judgement, the General Court of the EU considered whether a design application filed in bad faith would automatically render it invalid. Koen de Winder explains the arguments and the reasoning behind the General Court’s decision.
The United Arab Emirates (UAE) will join the Madrid System in December 2021, becoming the 109th member state of the international trademark registration system.
The need to file evidence of use can crop up in many cases and the requirement to show historic use can cause problems for businesses. Preparation is critical to success.
Earlier this month, EUIPO’s Board of Appeal ruled on an opposition between German drink brand Jägermeister and French company Les Bordes over ownership of a stylised Hubertus stag.