3D trade marks and absolute grounds for
The General Court ruled in December that Lego minifigures are valid EU trade marks (EUTM).
Invalidity of an EU trademark – Relevant public with regard to a language which is not an official language of the EU
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.
Use of a trademark for generic terms
Federal Patent Court affirms the rare case of complex trade mark similarity.
Similarity of various beverages
The assessment of similarity of goods must consider the specific wording of the list of. A comparison of the respective generic terms is inadmissible.
Legally valid use of a word mark “Gourmet”
If a trade mark is not used in the registered form the trade mark owner sometimes needs more time to enforce his rights.
Artistic freedom outweighs rights of luxury handbag manufacturer Hermés
Fashion label allowed to incorporate characteristic features of a luxury handbag.
Registered trade mark FlipFlop cancelled
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.