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The sign “Lyst” was copied identically in the trademark “Greenlyst”. This is not automatically sufficient to confirm a likelihood of confusion. In the present case “Lyst” could suceed against “Greenlyst”.

CHANEL partially prevails – The Federal Patent Court in Germany (BPatG) rules that “HiCoco” cannot be claimed for perfume in Class 3.

Marks depicting wild and exotic animals have a low distinctive character in the fashion sector.

How far may spare parts dealers go to indicate that a spare part is intended for vehicles of a trade mark proprietor?

The General Court ruled in December that Lego minifigures are valid EU trade marks (EUTM).

Where a descriptive character of a trademark has to be assessed, the assessment depends on the relevant public. In the case of an EU trademark (EUTM), the language of the relevant public does not have to be an official language of the EU. It is only important that the language is understood and spoken by a relevant part of consumers in the EU.

Federal Patent Court affirms the rare case of complex trade mark similarity.

The assessment of similarity of goods must consider the specific wording of the list of. A comparison of the respective generic terms is inadmissible.

If a trade mark is not used in the registered form the trade mark owner sometimes needs more time to enforce his rights.

Fashion label allowed to incorporate characteristic features of a luxury handbag.

The term “FlipFlop” has been used as a general term for toe separator sandals. The court therefore ruled that the trade mark “FlipFlop” has lost its distinctive character. The registered trade mark has been cancelled.