- Published in CASE LAW AND TRADEMARK
Word mark consisting of foreign words: the case Slimmer
Monday, 16 April 2018
As a case of word mark consisting of foreign words, we report the case from which the decision of the Italian Corte di Cassazione originates which can be summarized as follows: the owner of a registered trademark named “SLIMMER”, used to distinguish a food supplement with slimming function, sued a distributor which begun selling a supplement food market with the word “SLIMMEX.
Weak trademark: cases of counterfeiting and similar trademarks
Monday, 16 April 2018
It is said weak trademark the trademark with a little distinctive capacity, while it is strong trademark the remarkably distinctive trademark, because it is made up of fanciful words (or other signs) or it is made up of words that, despite being in common use, are devoid of conceptual link with the products and/or service distinguished by the trademark.
- Published in CASE LAW AND TRADEMARK
Complex trademarks and the judgment of the risk of confusion
Monday, 16 April 2018
The Italian Corte di Cassazione stated several time about the judgment of the risk of confusion concerning and has reiterated the opinion that the judge has to evaluate each of the elements of the complex trademarks. The judgment of the risk of confusion in the italian trademark In the judgment of 18 January 2013 n.1249
Weak trademark and descriptiveness: the case Bellissima
Sunday, 01 April 2018
In the context of European Union trademark it is important to evaluate how much the descriptiveness of a term can affect for a part of the public in the European Union market. You can find here below the case Bellissima.
- Published in CASE LAW AND TRADEMARK, EUROPEAN UNION TRADEMARK
How to demonstrate genuine use of an EU trademark
Saturday, 31 March 2018
In the matter of EU opposition it can be very important to demonstrate genuine use of the trade-mark. Let’s see some judgments in this regard.
- Published in CASE LAW AND TRADEMARK, DISTINCTIVE CHARACTER OF A TRADEMARK
Secondary meaning and distinctive character in a trademark
Friday, 30 March 2018
The principle of secondary meaning concerns trademarks devoid of distinctive character, acquiring the same through the use and renown. In these cases it is said obtaining a secondary meaning which occurs when a word (or a design, or a shape or other types of mark), originally devoid of distinctive character, has with time a further meaning in the eyes of consumers and thereby it is able to identify that products come from a specific undertaking.
- Published in CASE LAW AND TRADEMARK, THE TRADEMARK
Limitations of the Right on the Trademark
Tuesday, 27 March 2018
When you own a registered trademark you will certainly have more rights (in term of protection) but you must also take into account some limits imposed by the law. Find out which.
- Published in CASE LAW AND TRADEMARK, EUROPEAN UNION TRADEMARK
Similarity between trademarks with Arabic words
Thursday, 15 February 2018
In the case of similarity between trademarks composed of Arabic words, the EU Court of Justice took into account the relevant public in order to assess how confusing the marks in question could be.

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