- Published in CASE LAW AND TRADEMARK, THE TRADEMARK
Mark consisting of advertising slogans in the EU case-law
Wednesday, 25 May 2022
The mark consisting of advertising slogans is a registrable trademark on condition that it has distinctive character, namely – regardless of its promotional meaning – on condition that it has something that allows the public to perceive it as an indicator of the commercial origin of the designated goods and/or services.
- Published in CASE LAW AND TRADEMARK, TRADEMARKS AND BAD FAITH
Trademark application rejected if filed by an unauthorized agent
Wednesday, 09 December 2020
A recent judgement of the Court of Justice clarifies the meaning of “unauthorized agent” and which trademarks can be rejected.
Invalid figurative trademark as descriptive and devoid of distinctiveness
Thursday, 29 October 2020
If the graphic elements of a figurative trademark reinforce the descriptiveness of the verbal element, the trademark could be declared invalid.
- Published in CASE LAW AND TRADEMARK, THE TRADEMARK
Is it possible to register a descriptive dialectal expression as a trademark?
Wednesday, 03 June 2020
In case you want to register as a trademark a descriptive dialectical expression, you have to know that it is not allowed.
- Published in CASE LAW AND TRADEMARK, EUROPEAN UNION TRADEMARK
Not registrable trademark because contrary to accepted principles of morality? it dependes
Monday, 23 March 2020
When determining whether a trademark can be registered or not, many elements are examined, some of which can overturn previous and diametrically opposed opinions.
- Published in CASE LAW AND TRADEMARK, EUROPEAN UNION TRADEMARK
Evaluation criteria between products: are alcoholic beverages and energy drinks similar?
Monday, 29 October 2018
Let’s take into consideration the case of Red Bull, which charged a competitor for having registered a trademark in the two classes of beverages
Trademark consisting of 1 or 2 letters: trademark HP
Monday, 21 May 2018
Trademark consisting of 1 or 2 letters is absolutely valid and it is wrong to assume that this type of trademark is devoid of any distinctive character. EU Court reiterated this concept with reference to trademark HP. Find out why.
- Published in CASE LAW AND TRADEMARK, UNFAIR COMPETITION
Judgment of affinity between products
Sunday, 06 May 2018
In this article we explain how the judgment of affinity between products was decisive in a case concerning two well-known trademarks.
- Published in CASE LAW AND TRADEMARK, THE TRADEMARK
Family of trademarks: what they are
Wednesday, 02 May 2018
More trademarks can be considered a family (or series) of trademarks when, for example, “they reproduce in full the same distinctive element with the addition of an element, graphic or word, which differentiate them from each other, or when characterized by the repetition of a single prefix or suffix taken from an original mark”.
- Published in CASE LAW AND TRADEMARK, EUROPEAN UNION TRADEMARK
Descriptive trademarks with geographical names
Saturday, 28 April 2018
It is not always possible to register trademarks composed of geographical names. There are indeed some rules which have to be followed. In this article we speak about some rules affirmed in a judgment which can better clarify the issue.