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Mitscherlich has been providing legal services in Intellectual Property already since 1896. Today, a dynamic team of attorneys builds upon this rich…
Article

Mitscherlich PartmbB | European Union | 12 Oct 2020

CJEU: Reputation of Older Trademark and Impact on Similarity of Trademarks

In its decision of June 11, 2020 (C-115/19 - China Construction Bank / EUIPO) the CJEU explicitly acknowledged that the similarity of the confronted…
Article

Mitscherlich PartmbB | European Union | 6 Oct 2020

Newsfeed for Registered Design Filers in the EU, No. 1 DAS System Available at EUIPO Since September 12, 2020

EUIPO joined the WIPO Digital Access Service (DAS) system on July 11, 2020. As of that day, it is possible to claim the priority of an EU RCD without…
Article

Mitscherlich PartmbB | Spain | 21 Sep 2020

International Trademark Registration Newsfeed for Practitioners, No. 25 Madrid agreement: jointly owned IR mark with different entitlements of the parties

Joint ownership of IR mark applications is possible, provided that the basic application or the basic registration is also jointly owned by the same…
Article

Mitscherlich PartmbB | Brazil | 24 Aug 2020

International Trademark Registration Newsfeed for Practitioners, No. 24 No Immediate Notifications on Oppositions from the Brazil Trademark Office

Brazil is one of the three countries (together with Mexico and Turkey) whose office notifies a provisional refusal based on oppositions only…
Article

Mitscherlich PartmbB | European Union, United Kingdom | 31 Jul 2020

International Trademark Registration Newsfeed for Practitioners, No. 23 BREXIT: First Details of EU Designations Covering the UK

The UKIPO released the first details how to deal with EU designations of an IR mark after the transition period, i.e. after January 1, 2021. Similar…
Article

Mitscherlich PartmbB | Global | 27 Jul 2020

International Trademark Registration Newsfeed for Practitioners, No. 22 Misleading Information from Australian Trademark Office on Renewals of IR Marks

One of the many advantages of IR marks is the possibility to renew the national designation by renewing the IR mark through WIPO every ten years…
Article

Mitscherlich PartmbB | European Union | 9 Jul 2020

EPO Opposition & Appeal - Practical Advice from the Mitscherlich Expert Priority does not Extend to Equivalents of a Described Embodiment

The European Patent EP 2 090 050 B1 had been attacked by various oppositions, inter alia under the opposition ground of Art. 100(a) EPC (lack of…
Article

Mitscherlich PartmbB | Germany | 7 Jul 2020

German Federal Supreme Court Strengthens the Importance of Descriptive Trademark Elements

In a decision published on July 1, 2020, the German Federal Supreme Court (BGH) again stresses the potential importance of descriptive elements for a…
Article

Mitscherlich PartmbB | Germany | 6 Jul 2020

International Trademark Registration Newsfeed for Practitioners, No. 21 Circumventing the Madrid Agreement’s Rules by Jointly Filing an IR Mark Application?

Joint ownership of IR marks is possible, provided that the basic application or basic registration is also jointly owned by the applicants. Recently…
Article

Mitscherlich PartmbB | European Union | 24 Jun 2020

An Overlap in Weakly Distinctive Elements Does Usually Not Give Rise to a Likelihood of Confusion

On June 18, 2020, the Court of Justice of the European Union (CJEU) confirmed that often no likelihood of confusion can be found where the…
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