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"ONEL": genuine use of Community trademarks is independent of country borders in the EU
- Hogan Lovells
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- European Union
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- January 31 2013
European Court of Justice, Decision of 19 December 2012, No. C-14911, Leno Merken BV v. Hagelkruis Beheer BV In order to remain valid, Community
European Courts on genuine use of a trademark differing from its registered form
- Hogan Lovells
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- European Union
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- January 31 2013
General Court, Decision of 21 June 2012, No. T-51410, "Fruit of the Loom"; General Court, Decision of 27 September 2012, No. T-3910, "E.TUCCI"
Specifications in community trademark applications IP translator and further consequences
- Hogan Lovells
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- European Union
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- 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
Careful with faith in bad faith: varying approaches by the General Court, but still no finding of bad faith
- Hogan Lovells
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- European Union
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- 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
At one with ONEL? Genuine use of community trade marks
- Hogan Lovells
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- European Union
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- July 5 2012
Today, Advocate-General Sharpston has issued her opinion in the ONEL case (Case C-14911) 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
IP TRANSLATOR: more comfort for friends of NICE class
- Hogan Lovells
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- European Union
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- June 20 2012
Late yesterday, the Court of Justice of the European Union, sitting as the Grand Chamber, has issued its much awaited decision in the IP TRANSLATOR case (case C-30710) dealing with specifications in trade mark applications and, more specifically, the admissibility and meaning of using the class headings of the Nice Classification
Use of modified marks new references from Germany and the UK to the Court of Justice
- Hogan Lovells
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- European Union, Germany, United Kingdom
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- April 26 2012
The German Federal Court of Justice and the Court of Appeal of England & Wales have referred questions to the Court of Justice of the European Union (CJEU) on the use of trademarks in a modified form to that on the register
Weak but lethal olives, kings, and ayurveda: broad protection afforded to marks containing descriptive terms
- Hogan Lovells
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- European Union
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- January 27 2012
In three recent judgments, the General Court upheld oppositions based on a likelihood of confusion arising from the opposing marks containing the same descriptive terms as the opposed Community trademark applications
All change for Community trademark specifications?
- Hogan Lovells
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- European Union
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- January 27 2012
The current practice of the Office for Harmonization in the Internal Market (OHIM) on Community trademark specifications will need to change if the Court of Justice of the European Union agrees with its Advocate General that Nice class headings in trademark specifications do not necessarily identify with sufficient clarity and precision the goods and services covered by the registration
Too stylish to be a Community trademark General Ccourt denies registration to Bang & Olufsen's loudspeaker
- Hogan Lovells
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- European Union
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- October 25 2011
The General Court upheld the Board of Appeal's rejection of the loudspeaker shape on the grounds of aesthetic functionality ("shape which gives substantial value to the goods"
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- Workarea - Trademarks
- Workarea - Litigation
- Firm Name - Hogan Lovells
- Jurisdiction - European Union
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