European Court of Justice: angry face constitutes individual character of community design *

European Union - January 31 2013
The European Court of Justice (CJEU) confirmed that the comparison of the overall impression conveyed by two opposing designs does not necessarily…

Co-authors: Juliane Diefenbach.

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"ONEL": genuine use of Community trademarks is independent of country borders in the EU *

European Union - January 31 2013
European Court of Justice, Decision of 19 December 2012, No. C-149/11, Leno Merken BV v. Hagelkruis Beheer BV In order to remain valid, Community…

Co-authors: Giles Corbally.

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Specifications in community trademark applications – IP translator and further consequences *

European Union - October 25 2012
In the July 2012 edition of this newsletter, we informed about the IP TRANSLATOR decision of the European Court of Justice (CJEU), whereby trademark applicants that designated all class headings in any given class could be understood to be including all goods in the Alphabetical List pertaining to that class, provided this was clear from the application.

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Careful with faith in bad faith: varying approaches by the General Court, but still no finding of bad faith *

European Union - July 20 2012
The General Court has been quite busy lately dealing with the subject of bad faith Community trademark applications in no less than three cases since the beginning of 2012.

Co-authors: Karla Hughes .

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At one with ONEL? Genuine use of community trade marks *

European Union - July 5 2012
Today, Advocate-General Sharpston has issued her opinion in the ONEL case (Case C-149/11) on the question of whether and when use of a Community trade mark (CTM) within a single Member State will qualify as genuine use in the European Union (EU). 

Co-authors: Imogen Fowler.

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