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.

(Consequences of the Brexit on European Union Trademarks (EUTM), Registered Community Designs (RCD))

Capture decran 2018 08 16 a 10.43.34

The EU and the UK agreed on the principle of implementation of a Brexit transition period, which should end on December 31st, 2020.

A second version of the Draft Agreement has been in addition edited, which confirms the implementation of such a transition period and the negotiators’ consent on several provisions directly concerning Intellectual Property matters.

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...  france logo mq, which enjoys a sufficient distinctive character.

The American company France.com, Inc., established in Florida, just lost another battle against the French State, this time before the General Court of the European Union (case T-71/17 dated June 26th, 2018).

The practical trick consisting in the filing of the EU trademark application « Capture decran 2018 08 07 a 14.58.52 » in Polish (second language: English) was clearly not sufficient to prevent the action of the French State…

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Loi Chinoise sur les mq

On the 2nd of April 2018, the Chinese Trademark Office issued a call for comments on the Trademark Law (CTML), allegedly to further improve the quality of the legislation.

Respondents have until 31 July 2018 to submit their comments.

Those comments are most likely to stick to the latest statements issued by the United States and the European Union, i.e. the Special Report 301 and Position Paper.

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