bluecar

“The fact alone that the incriminated sign is an approximate French translation of the invoked trademark” is not enough for finding counterfeiting !

Or clear proof of the benefit of choosing a distinctive trademark.

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Breve HALLYDAY VDef

Only the trademark owner is in a position to file an opposition against applications corresponding to his patronymic name, on the only basis of a prior registered trademark.

Should we expect from the New EU regulation a more efficient protection, while the French IP office failed to use the article L711-3?

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semelle rouge louboutin

CJEU confirms that a red outsole can constitute a valid colour mark!

Significance of an efficient description of the sign as part of trademark protection.

Benelux Tm registration n° 0874489

The Hague District Court gave to the Court of justice of the European Union (CJEU) the opportunity to clarify the protection’s contours of a colour trademark (connecting this aspect to the shape of the product in question). The litigious trademark is indeed described as follows: “The mark consists of the colour red (Pantone 18‐1663TP) applied to the sole of a shoe as shown (the contour of the shoe is not part of the trade mark but is intended to show the positioning of the mark)” (point 9).  

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Sans titre

The geographical name of a spa town can be registered as an EU trademark for mineral water

(“the average consumer of mineral water and beverages in the European Union does not have a high degree of specialisation in geography or tourism”, therefore he will not perceive the term “DEVIN” as a geographical place in Bulgaria)

(https://commons.wikimedia.org/wiki/File:Devin_Bulgaria2.jpg)

In a recent judgement dated October 25th, 2018 (T122/17), the General Court annuls a decision of the Second Board of Appeal of the EUIPO and affirms the validity of the trademark “DEVIN” to designate mineral water, notwithstanding the fact that “DEVIN” is a famous Bulgarian spa town.

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APAA banner

Soazig THEMOIN, Chalinee SRIPRASART and Mard PANTHUVICHIEN will attend the APAA meeting, a major IP Conference held in New Delhi from November 17th to 21th.

This event is a way to exchanges, through working groups, on key questions (trademark, patent, design patent, counterfeit, copyright…) in the attractive ASEAN area and beyond.

Feel free to contact us if you wish to meet one of our counsel on site.

Program and additional information are available on the APAA website.