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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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
