ECFI Community trade mark – Figurative mark representing the form of a twisted wrapper (shape of a sweet wrapper) – Subject-matter of the application – Absolute ground for refusal – Article 7(1)(b) of Regulation (EC) No 40/94 – Distinctive character in consequence of use – Article 7(3) of Regulation (EC) No 40/94 – Right to … Continue reading Storck v OHMI (Emballage D’Un Bonbon): ECFI 10 Nov 2004
ECJ Community trade mark Opposition proceedings Application for a Community figurative mark Neurim PHARMACEUTICALS Earlier Community and national word marks EURIM’PHARM Language of appeal proceedings Time’limits Admissibility of an appeal to the Board of Appeal Principle of proportionality Continuation of proceedings Restitutio in integrum Articles 59, 78 and 78a of Regulation (EC) No 40/94 Rule … Continue reading Neurim Pharmaceuticals (1991) v OHMI – Eurim-Pharm Arzneimittel (Neurim Pharmaceuticals): ECFI 17 Sep 2008
ECFI Community trade mark – Community word mark CRAIC – Assignments – Registration of the transfer of the mark – Revocation – Articles 16, 17, 23 and 77a of Regulation (EC) No 40/94 (now Articles 16, 17, 23 and 80 of Regulation (EC) No 207/2009) and Rule 31 of Regulation (EC) No 2868/95 Citations: T-83/09, … Continue reading Chalk v OHMI – Reformed Spirits Company Holdings (CRAIC): ECFI 9 Sep 2011
ECJ Regulation (EC) No 40/94 – Article 115 – Rules in force governing languages at the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) – Plea of illegality – Principle of non-discrimination. Citations: C-361/01, [2003] EUECJ C-361/01P Links: Bailii Jurisdiction: European Intellectual Property Updated: 08 June 2022; Ref: scu.186325
Europa Community trade mark Opposition proceedings ‘ Application for the figurative Community trade mark LifeScience ‘ Earlier Community trade mark Life Sciences Partners ‘ Relative ground for refusal ‘ Likelihood of confusion ‘ Article 8(1)(b) of Regulation (EC) No 40/94. Citations: T-413/07, [2009] EUECJ T-413/07 Links: Bailii Jurisdiction: European Intellectual Property Updated: 28 May 2022; … Continue reading Bayern Innovativ v OHMI: ECFI 11 Feb 2009
ECJ Community trade mark – Shape of a frosted matt black bottle – Absolute grounds for refusal – Article 7, paragraph 1 b) of Regulation (EC) No 40/94 – Lack of distinctive character – Infringement of the rights of defense – Article 73 of Regulation No 40/94 Citations: T-188/04, [2006] EUECJ T-188/04 Links: Bailii Statutes: … Continue reading Freixenet v OHMI (Forme D’Une Bouteille Emerisee Noire Mate): ECFI 4 Oct 2006
Europa Community trade mark – ‘ International registration designating the European Community Figurative mark representing half a smiley smile Absolute ground for refusal Lack of distinctive character Article 146(1) and Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 151(1) and Article 7(1)(b) of Regulation (EC) No 207/2009. Citations: T-139/08, [2009] EUECJ T-139/08 Links: Bailii … Continue reading The Smiley Company v OHMI (Representation De La Moitie D’Un Sourire De Smiley) (Intellectual Property): ECFI 29 Sep 2009
ECJ Community trade mark – Opposition proceedings – Application for a Community word mark PC WORKS – Earlier national figurative mark W WORK PRO – Refusal of registration – Article 8(1)(b) of Regulation (EC) No 40/94. Citations: T-352/02 European, Intellectual Property Updated: 13 May 2022; Ref: scu.226945
(Judgment) Community trade mark – Opposition proceedings – Earlier national and Community figurative SHARK marks – Application for Community word mark Hai – Absolute ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94. Citations: T-33/03 Jurisdiction: European Intellectual Property Updated: 16 April 2022; Ref: scu.224025
ECJ (Judgment) EU trade mark – Invalidity proceedings – EU word mark TOSCORO – Earlier protected geographical indication ‘Toscano’ – Absolute ground for refusal – Article 142 of Regulation (EC) No 40/94 – Articles 13 and 14 of Regulation (EEC) No 2081/92 – Declaration of partial invalidity Citations: ECLI:EU:T:2017:54, [2017] EUECJ T-510/15 Links: Bailii Statutes: … Continue reading Mengozzi v EUIPO – Consorzio Per La Tutela Dell’Olio Extravergine Di Oliva Toscano (Toscoro): ECFI 2 Feb 2017
Reference for a preliminary ruling – Approximation of laws – Community trade mark – Regulation (EC) No 40/94 – Articles 7 and 51 – First Directive 89/104/EEC – Articles 3 and 13 – Identification of the goods or services covered by the registration – Failure to comply with the requirements of clarity and precision – … Continue reading Sky and Others (Community Trade Mark – Judgment): ECJ 29 Jan 2020
ECJ (Judgment) Appeal – EU trade mark – Application for registration of a figurative mark including the word elements ‘compressor technology’ – Opposition of the proprietor of the word marks KOMPRESSOR PLUS and KOMPRESSOR – Partial refusal of registration – Regulation (EC) No 207/2009 – Article 60 -Regulation (EC) No 216/96 – Article 8(3) – … Continue reading BSH v EUIPO: ECJ 8 Nov 2016
ECJ Community trade mark – Opposition proceedings – Application for the Community figurative mark el charcutero artesano – Earlier national figurative mark El Charcutero – Relative ground for refusal – No likelihood of confusion – Absence of similarity between the signs – Article 8(1)(b) of Regulation (EC) No 40/94 Community trade mark – Definition and … Continue reading Cabrera Sanchez v OHIM. El Charcutero Artesano: ECFI 13 Dec 2007
Europa Appeal Community trade mark Regulation (EC) No 40/94 Article 8(5) Refusal to register Earlier trade mark of repute NASDAQ Figurative sign ‘nasdaq’ Use of the earlier mark for goods and services allegedly offered free of charge Taking unfair advantage of the distinctive character or the repute of the earlier mark Relevant public. C-320/07, [2008] … Continue reading Antartica Srl v OHIM (Trade Mark): ECJ 12 Mar 2009
ECJ Community trade mark Application for a three-dimensional Community trade mark – Red Lego brick – Absolute ground for refusal – Sign which consists exclusively of the shape of goods which is necessary to obtain a technical result – Article 7(1)(e)(ii) of Regulation (EC) No 40/94 Offers of evidence. T-270/06, [2008] EUECJ T-270/06 Bailii European … Continue reading Lego Juris v OHMI – Mega Brands (Brique De Lego): ECFI 12 Nov 2008
ECJ Judgment – Community trade mark – Invalidity proceedings – Three-dimensional Community trade mark – Cube with surfaces having a grid structure – Absolute grounds for refusal – First sentence of Article 76(1) of Regulation (EC) No 207/2009 – Absence of sign consisting exclusively of the shape of goods which is necessary to obtain a … Continue reading Simba Toys v Ohmi – Seven Towns (Forme D’Un Cube Avec Des Faces Ayant Une Structure En Grille): ECFI 25 Nov 2014
ECJ Judgment – Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) – Article 8(5) – Word mark GOLDEN BALLS – Opposition by the proprietor of the earlier Community word mark BALLON D’OR – Relevant public – Similarity of the signs – Likelihood of confusion C. Toader, Acting P C-581/13, [2014] … Continue reading Intra-Presse v OHIM: ECJ 20 Nov 2014
EU trade mark – Invalidity proceedings – EU figurative mark NATIONAL GEOGRAPHIC – Earlier non-registered mark GEOGRAPHIC – Relative ground for refusal – Use in the course of trade of a sign of more than mere local significance – Article 8(4) and Article 52(1)(c) of Regulation (EC) No 40/94 (now Article 8(4) and Article 60(1)(c) … Continue reading VF International v EUIPO – National Geographic Society (National Geographic) (EU Trade Mark – Judgment) T-518/20: ECFI 10 Nov 2021
The trade mark owners sought to restrain the defendants from selling within the EU, articles bearing their mark which had been imported other than through their own channels. The defendants resisted summary judgement after reference to the European Court of Justice, on the grounds that the Regulation was invalid as infringing a basic tenet of … Continue reading Levi Strauss and Co and Another v Tesco Stores Ltd and others: ChD 31 Jul 2002
ECFI Community trade mark – Opposition proceedings – Application for the Community word mark ZYDUS – Earlier Community word mark ZIMBUS – Relative ground for refusal – Likelihood of confusion – Similarity of the goods – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No … Continue reading Cadila Healthcare v OHMI – Novartis (Zydus): ECFI 15 Mar 2012
EU trade mark – Invalidity proceedings – Three-dimensional EU trade mark – Shape of a cube with surfaces having a grid structure – Absolute ground for refusal – Article 7(1)(e)(ii) of Regulation No 40/94 (now Article 7(1)(e)(ii) of Regulation . .
ECJ Order – Article 104(3), second subparagraph, of the Rules of Procedure – Community trade mark – Regulation (EC) No 40/94 – Article 9(1)(a) and (2)(d) – Right of the proprietor of a registered mark to prevent . .
Appeal – Community trade mark – Article 7(1)(b) of Regulation (EC) No 40/94 – Three-dimensional tablets for washing machines or dishwashers – Absolute ground for refusal to register – Distinctive character . .
Appeal – Community trade mark – Article 7(1)(b) of Regulation (EC) No 40/94 – Three-dimensional tablets for washing machine or dishwashers – Absolute ground for refusal to register – Distinctive character . .
Appeal – Community trade mark – Article 7 (1) (b) of Regulation (EC) No 40/94 – Three-dimensional shelves for washing machines or dishwashers – Absolute ground for refusal to register – Distinctive character . .
Appeal – Community trade mark – Article 7(1)(b) of Regulation (EC) No 40/94 – Three-dimensional tablets for washing machines or dishwashers – Absolute ground for refusal to register – Distinctive character . .
Appeal – Community trade mark – Application for registration of the figurative sign ‘a’ – Absolute grounds for refusal – Distinctive character – Mark consisting of a single letter . .
ECJ Appeals – Community trade mark – Regulation (EC) No 40/94 – Article 51(1)(b) – Applicant’s bad faith when filing the Community trade mark – Figurative mark ‘FS’ – Application for a declaration of invalidity . .
ECJ Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(4) – Application for registration of the word and figurative mark BUD – Opposition – Indication of geographical origin ‘bud’ – Protection . .
EU trade mark – Invalidity proceedings – EU word mark Promed – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EU) 2017/1001) . .
ECFI Community trade mark – Invalidity proceedings – Community figurative mark B. Antonio Basile 1952 – Earlier national word mark BASILE – Relative ground for refusal – Limitation in consequence of acquiescence . .
ECFI Community trade mark – Invalidity proceedings – Community figurative mark B. Antonio Basile 1952 – Earlier national word mark BASILE – Relative ground for refusal – Foreclosure by tolerance – Article 53, . .
The defendants had opposed the grant of the trade mark which they were now accused of infringing. The claimants said that having failed at the opposition stage, they were now estopped from challenging the validity of the mark.
Held: It was not . .
EU trade mark – Invalidity proceedings – EU word mark FOREX – Declaration of partial invalidity – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EU) 2017/1001) . .
Nokia sought judicial review of a decision of the Commissioners to release a consignment of goods which it said were infringing counterfeits of its own models. The Commissioners said that in the absence of evidence that they were intended for . .
ECJ Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 58 – Regulation (EC) No 2868/95 – Rules 49 and 50 – Word mark R10 – Opposition – Assignment – Admissibility of an appeal – Concept of ‘person . .
ECFI Community trade mark – Opposition proceedings – Application for Community figurative mark ‘GSS GALILEO SISTEMAS Y SERVICIOS’ – Earlier Community word marks ‘GALILEO’ – Earlier Community figurative mark . .
ECFI Community trade mark – Opposition proceedings – Application for the Community word mark dm – Earlier national figurative mark dm – Administrative procedure – Decisions of the Opposition Divisions – . .
ECFI Community trade mark – Opposition proceedings – Application for Community word mark GOOD LIFE – Earlier national word mark GOOD LIFE – Genuine use of the earlier mark – Duty of diligence – Article 74(1) of . .
CJEU Community trade mark – Opposition proceedings – Application for Community figurative trade mark BROTHERS by CAMPER – Earlier national figurative trade marks BROTHERS – Inadmissibility – Relative ground for . .
ECJ Appeals – Community trade mark – Regulation (EC) No 40/94- Article 8(1)(b) – Word marks UNIWEB and UniCredit Wealth Management – Opposition by the proprietor of the national word marks UNIFONDS and UNIRAK and . .
ECJ Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) – Likelihood of confusion – Word mark ZYDUS – Opposition by the . .
ECJ Appeal – Community trade mark – Sign composed exclusively of numerals – Application for registration of the sign ‘1000’ as a mark in respect of brochures, periodicals and newspapers – Allegedly descriptive . .
ECFI Community trade mark – Opposition proceedings – Application for Community word mark LINEAS AEREAS DEL MEDITERRANEO LAM – Earlier Community word and figurative marks LAN – Relative ground for refusal – No . .
ECJ Community trade mark – Invalidity proceedings – Figurative Community trade mark Golden Elephant Brand – Non-registered national figurative mark GOLDEN ELEPHANT – Relative ground for refusal – Reference to the . .
ECJ Opinion – Information society – Search engine – Keyword advertising – Operator of electronic marketplace – Keywords corresponding to trade marks – Directive 89/104/EEC (‘Trade Mark directive’) – Articles 5 . .
Europa Community trade mark – Opposition proceedings – Application for the Community figurative mark Archer Maclean’s Mercury – Earlier national word mark Merkur – Relative ground for refusal – No likelihood of . .
ECJ Community trade mark – Application for Community word Hunter – Absolute ground for refusal – Descriptive character – Article 7, paragraph 1 c) of Regulation (EC) No 40/94 [now Article 7, paragraph 1 c) of . .
ECJ Appeals – Community trade mark – Regulation (EC) No 40/94 – Application for registration of the word mark BUDWEISER – Opposition – Article 8(1)(a) and (b) of Regulation No 40/94 – Earlier international word . .
ECJ Community trade mark – Application for Community word mark Vektor-Lycopin – Absolute grounds for refusal – Lack of distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EC) No . .
ECJ Community trade mark Revocation proceedings Community word mark Stella Earlier opposition proceedings based on that mark Admissibility Articles 50(1) and 55(1) of Regulation (EC) No 40/94 (now Articles 51(1) . .
ECJ Community trade mark Opposition proceedings Application for the Community figurative mark SOLVO Earlier Community and national word and figurative marks VOLVO Relative ground for refusal Article 8(1)(b) and . .
ECJ Community trade mark Applications for Community figurative marks 100 and 300 Statement as to the scope of protection Article 38(2) of Regulation (EC) No 40/94 (now Article 37(2) of Regulation (EC) No . .
ECJ Community trade mark Invalidity proceedings – Community trade mark consisting of a combination of the colours green and yellow – Absolute ground for refusal – Distinctive character acquired through use . .
Appeal Community trade mark Regulation (EC) No 40/94 Article 8(1)(b) Word and figurative mark ‘SUNPLUS’ Opposition by the proprietor of the national word marks ‘SUN’ Refusal of registration . .
ECJ Community trade mark – Opposition proceedings Application for the Community word mark SPALINE – Earlier national word mark SPA Relative ground for refusal – Damage to reputation – Unfair advantage derived . .
ECJ Community trade mark Community word mark DANELECTRO and Community figurative mark QWIK TUNE Failure to observe the time’limit for submitting a request for renewal of the trade marks Application for restitutio . .
ECJ Community trade mark Opposition proceedings Application for Community figurative mark affilene Earlier Community word mark AFFILIN Relative ground for refusal Likelihood of confusion Similarity between . .
ECJ Trade marks – International registration Protocol Relating to the Madrid Agreement – Regulation (EC) No 40/94 Article 146 – International registration and a Community trade mark having the same effects in the . .
ECJ Community trade mark applications Community word marks P @ YWEB CARD and CARD PAYWEB absolute ground for refusal Partial lack of distinctiveness Article 7, paragraph 1 b) of Regulation (EC) No 40/94 . .
ECFI Community trade mark applications Community word marks P @ YWEB CARD and CARD PAYWEB absolute ground for refusal Partial lack of distinctiveness Article 7, paragraph 1 b) of Regulation (EC) No 40/94 . .
ECJ Community trade mark – Application for a three-dimensional Community trade mark Shape of an arrangement of sausages Absolute ground for refusal Lack of distinctive character Article 7(1)(b) of Regulation (EC) . .
ECJ Community trade mark – Application for the Community figurative mark – Absolute ground for refusal Distinctive character Article 7(1)(b) of Regulation (EC) No 40/94 . .
ECJ Community trade mark – Opposition proceedings – Application for the Community word mark SPA THERAPY – Earlier national word mark SPA – Relative ground for refusal Likelihood of confusion Article 8(1)(b) of . .
ECJ Community trade mark – ‘Opposition proceedings’ – Application for the Community word mark ARCOL – ‘ Earlier Community word mark CAPOL Implementation by OHIM of a judgment annulling a decision of one of its . .
ECFI Community trade mark Opposition proceedings Application for Community word mark BUDWEISER Earlier international word and figurative marks BUDWEISER and Budweiser Budvar Relative grounds for refusal Article . .
Europa Community trade mark – Invalidity proceedings – Community word mark Mozart Subject-matter of the dispute Absolute ground for refusal Descriptive character Obligation to state the reasons on which a . .
ECJ Community trade mark – Opposition proceedings – Application for Community word mark ARTHUR ET FELICIE – Earlier figurative mark including the word element -Arthur – Relative ground of refusal – Likelihood of . .
The defendant appealed against an order refusing summary relied against a claim for trade mark infringement. The claimant’s drugs were sold internationally, but outside the EU, being sourced in Turkey, and distributed eventually through the . .
ECJ Community trade mark – Application for the Community word mark Online Bus – Earlier figurative trade mark composed of the word -BUS- and a figure made up of three interlaced triangles – Genuine use of the . .
ECJ Community trade mark – Opposition procedure – Application for registration of a Community figurative mark containing the verbal element -KINJI by SPA- Earlier Community word mark KINNIE – Likelihood of . .
ECJ Community trade mark Application for the Community word mark VOM URSPRUNG HER VOLLKOMMEN Absolute grounds for refusal Descriptive character Article 7(1)(b) and 7(1)(c) of Regulation (EC) No 40/94. . .
ECJ Community trade mark – Opposition procedure Application for figurative Community trade mark TOSCA BLU Earlier national word mark TOSCA Relative grounds for refusal Well-known trade mark within the meaning of . .
Both companies sold motor insurance products at a distance and used as logos and symbols either a telephone or a computer mouse, in each case on wheels. Direct line claimed the use of the mouse by esure infringed its own trademarks, and resisted . .
ECJ Community trade mark – Figurative mark containing the verbal element ‘quantum’ – Opposition of the proprietor of the national figurative mark Quantieme – Relative ground of refusal – Likelihood of confusion – . .
ECJ Community trade mark – Three-dimensional mark – Shape of a lemonade bottle, – Refusal to register – Article 7, paragraph 1 b) of Regulation (EC) No 40/94 . .
ECFI Community trade mark – Opposition proceedings – Application for Community figurative mark containing the verbal element -‘NICKY’ – Earlier national figurative marks containing the verbal element – ‘NOKY’ – . .
ECJ Community trade mark – Opposition proceedings – Earlier national word mark ARTEX – Application for Community word mark ALREX – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of . .
ECJ Community trade mark – Opposition proceedings – Application for Community word mark SPA-FINDERS – Earlier national word marks SPA and LES THERMES DE SPA – Article 8(5) of Regulation (EC) No 40/94. . .
ECFI Community trade mark – Opposition proceedings – Application for Community figurative mark TOP CRAFT – Earlier national figurative marks Krafft – Relative ground for refusal – Likelihood of confusion – . .
ECJ Trade marks Internet Search engine – Keyword advertising – Display, on the basis of keywords corresponding to trade marks, of links to sites of competitors of the proprietors of those marks or to sites . .
ECJ Community trade mark – d-proceedings – Application for Community figurative mark containing the word element – monBeBe – Earlier word marks bebe – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1, b) and paragraph 5 of Regulation (EC) No 40/94 Judges: MM Jaeger P Citations: T-164/03, [2005] EUECJ T-164/03 … Continue reading Ampafrance v OHMI-Johnson and Johnson (Monbebe): ECFI 21 Apr 2005
ECJ Community trade mark – Word mark ATOMIC BLITZ – Opposition of the proprietor of national word marks ATOMIC – Evidence of renewal of registration of the earlier mark – Scope of the examination conducted by OHIM – Rejection of opposition – Article 8(1)(b) of Regulation (EC) No 40/94 Citations: T-318/03, [2005] EUECJ T-318/03 Links: … Continue reading ATOMIC Austria v OHMI (Judgment): ECFI 20 Apr 2005
ECFI Community trade mark – d-proceedings – Application for Community figurative mark RIGHT GUARD XTREME SPORT – Earlier national figurative mark WILKINSON SWORD XTREME III – Likelihood of confusion – Refusal-registration – Article 8, paragraph 1 b) of Regulation (EC) No 40/94 Citations: T-286/03, [2005] EUECJ T-286/03 Links: Bailii European, Intellectual Property Updated: 29 June … Continue reading Gillette v OHM I- Wilkinson Sword (Right Guard Xtreme Sport): ECFI 13 Apr 2005
ECJ Community trade mark – Opposition proceedings – Application for Community word mark CALPICO – Earlier national mark CALYPSO – Article 8(1)(b) of Regulation (EC) No 40/94 – Right to be heard Citations: T-273/02, [2005] EUECJ T-273/02 Links: Bailii European, Intellectual Property Updated: 29 June 2022; Ref: scu.224316
ECJ Community trade mark –opposition – Community word mark INTEA – Earlier national word marks INTESA – d-Refusal to register – Relative ground for refusal – Article 8 paragraph 1 b) of Regulation (EC) No 40/94 Citations: T-353/02, [2005] EUECJ T-353/02 Links: Bailii Statutes: Regulation (EC) No 40/94 European, Intellectual Property Updated: 29 June 2022; … Continue reading Duarte Y Beltran v OHMI – Mirato (Intea): ECFI 13 Apr 2005
Community trade mark – Opposition proceedings – Application for word mark FLEXI AIR – Earlier word mark FLEX – Relative ground for refusal – Likelihood of confusion – Request for proof of genuine use – Article 8(1)(b), Article 8(2)(a)(ii) and Article 43(2) of Regulation (EC) No 40/94 Citations: T-112/03, [2005] EUECJ T-112/03 Links: Bailii Jurisdiction: … Continue reading L’Oreal v OHMI-Revlon (Flexi Air): ECFI 16 Mar 2005
Community trade mark – EUROPREMIUM – Absolute ground for refusal – Descriptive nature – Article 7(1)(c) of Regulation (EC) No 40/94 Citations: T-334/03, [2005] EUECJ T-334/03 Links: Bailii Statutes: Regulation (EC) No 40/94 7(1)(c) European, Intellectual Property Updated: 28 June 2022; Ref: scu.221475
ECJ Appeal – Community trade mark – Regulation (EC) No 40/94 – Invalidity of Community trade mark – Article 51 of Regulation No 40/94 – Absolute ground for refusal to register – Article 7(1)(d) of Regulation No 40/94 – Distinctive character acquired through use – Article 7(3) of Regulation No 40/94 – Term -BSS Citations: … Continue reading Alcon v OHMI (Order): ECJ 5 Oct 2004
ECJ Community trade mark – Opposition proceedings – Earlier word marks MUNDICOLOR – Application for Community word mark MUNDICOR – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94, Citations: T-184/02, [2004] EUECJ T-184/02 Links: Bailii European, Intellectual Property Updated: 21 June 2022; Ref: scu.213792
ECJ Community trade mark – Regulations (EC) Nos 2868/95 and 40/94 – Costs of opposition proceedings – Partial withdrawal of the trade mark application – Withdrawal of opposition – Tax Refund of Appeal – Obligation to state reasons. Citations: T-156/02, [2004] EUECJ T-156/02 Links: Bailii European, Intellectual Property Updated: 21 June 2022; Ref: scu.213805
ECJ Order – Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 7(1)(c) and (j) – Word mark CASTEL – Indication of geographical origin – Application for a declaration of invalidity brought by the proprietor of the indication of geographical origin ‘Castell’ – Article 181 of the Rules of Procedure of the … Continue reading Castel Freres v OHIM: ECJ 30 Apr 2015
Europa Community trade mark – Opposition proceedings – Earlier Community figurative mark comprising the letter combination ‘NL’ – Applications for Community figurative marks comprising the terms ‘NLSPORT’, ‘NLJEANS’, ‘NLACTIVE’ and ‘NLCollection’ – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 40/94. Citations: T-117/03 … Continue reading New Look Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM): ECFI 6 Oct 2004
Europa Community trade mark – Opposition proceedings – Earlier figurative mark including the verbal element ‘Krafft’ – Application for Community word mark VITAKRAFT – Relative ground for refusal – Genuine use of the earlier mark – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 40/94 – Rule 22(2) of Regulation (EC) No … Continue reading Vitakraft-Werke Wuhrmann and Sohn GmbH and Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM): ECFI 6 Oct 2004
ECJ (Judgment) Community trade mark – Three-dimensional mark – Shape of a bottle – Absolute grounds for refusal – Distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94. Citations: T-305/02, [2003] EUECJ T-305/02 Links: Bailii Jurisdiction: European Intellectual Property Updated: 08 June 2022; Ref: scu.189906
ECJ Judgment – Community trade mark – Regulation (EC) No 40/94 – Absolute grounds for refusal – Descriptive mark – Distinctive character acquired through use – Word mark TDI – Right to be heard – Scope of the duty to state reasons – Consequences of a breach of the duty to state reasons. Citations: T-16/02, … Continue reading Audi v OHMI: ECFI 3 Dec 2003
ECJ Judgment – Community trade mark – Figurative mark containing the word mark best buy – Absolute ground for refusal – Distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94. Citations: T-122/01, [2003] EUECJ T-122/01 Links: Bailii European, Intellectual Property Updated: 07 June 2022; Ref: scu.184383
ECJ Community trade mark – Opposition – Relative grounds for refusal – Similarity between two trade marks – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 – Application for a figurative Community trade mark containing the word ‘Matratzen’ – Earlier word trade mark MATRATZEN. Case T-6/01.‘In this context, the Court of Justice … Continue reading Matratzen Concord v OHMI: ECFI 23 Oct 2002
ECJ Community trade mark – Term VITALITE – Absolute ground for refusal – Article 7(1)(c) of Regulation (EC) No 40/94. Citations: [2001] EUECJ T-24/00 Links: Bailii European, Intellectual Property Updated: 06 June 2022; Ref: scu.173779
ECJ Appeal – Admissibility – Community trade mark – Regulation (EC) No 40/94 – Absolute ground for refusal to register – Distinctive character – Marks consisting exclusively of descriptive signs or indications – ‘BABY-DRY’.The purpose of the prohibition of registration of purely descriptive signs as trade marks is to prevent registration as trade marks of … Continue reading Procter and Gamble Co v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (‘Baby-Dry’): ECJ 20 Sep 2001
