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OHIM and European Union General Court should have considered whether wine bottle was distinctive enough for trade mark protection – Freixenet SA v OHIM, European Court of Justice

30 October 2011 | Simon Weinberg

Freixenet applied to register the features of a wine bottle as a European Community Trade Mark. In particular, it claimed the colour “golden matt” and described the trade mark as a “white polished...

Tags on this discussion: brand brand protection branding brands CJEU Community Trade Mark Community Trade Mark Regulation Community Trade Marks Court of Justice of European Union Court of Justice of the European Union CTM ECJ EU EU law European Community Trade Marks European Court of Justice European General Court European Union General Court General Court of the European Union Intellectual property intellectual property law intellectual property laws intellectual property rights IP IP law IP laws IP rights IPR OAMI OHIM trade mark trade marks trademarks

ECJ allows national law to stop registration of famous people’s names even after they have sold their Community Trade Mark rights – Edwin v OHIM, European Court of Justice

22 July 2011 | Mark Weston

Elio Fiorucci, the fashion designer, sold the creative rights including his trade marks to Edwin. Edwin later registered "ELIO FIORUCCI" as a European Community Trade Mark. Fiorucci asked for the mark...

Tags on this discussion: brand brand protection branding brands CJEU Community Trade Mark Community Trade Mark Regulation Community Trade Marks Court of Justice of European Union Court of Justice of the European Union ECJ EU EU trade mark Europe European Community Trade Mark European Community Trade Marks European Court of Justice European Union Intellectual property intellectual property rights IP IPR OHIM registered trade mark trade mark trade mark directive Trade Mark Regulation trade marks trade marks directive trademark trademarks

Numbers can be registered as trade marks but hard hurdle of distinctiveness to overcome – Agencja Widawnicza Technopol v OHIM, European Court of Justice

17 March 2011 | Mark Weston

The European Court of Justice has ruled that numbers can be registered as trade marks in the European Union. However, they would need to be shown to be distinctive and not descriptive. They were ruling...

Tags on this discussion: brand brand protection branding brands CJEU Community Trade Mark Regulation Community Trade Marks Court of Justice of European Union Court of Justice of the European Union CTM ECJ EU Europe European Community European Community Trade Marks European Court of Justice European Union Intellectual property intellectual property rights IP OHIM trade mark trade marks trademark trademarks

Skype admits to losing trade mark battle with Sky

18 August 2010 | Mark Weston

Skype is engaged in a battle to keep its brand. Sky – the broadcaster which also is an Internet service provider and telephone service provider – claims that the Voice over Internet Protocol company’s...

Tags on this discussion: brand brand protection branding brands CJEU Court of Justice of the European Union ECJ European Court of Justice infringement Intellectual property intellectual property rights IP OHIM opposition trade mark trade mark infringement trade marks

Latest news and views tagged OHIM

OHIM and European Union General Court should have considered whether wine bottle was distinctive enough for trade mark protection – Freixenet SA v OHIM, European Court of Justice

ECJ allows national law to stop registration of famous people’s names even after they have sold their Community Trade Mark rights – Edwin v OHIM, European Court of Justice

Numbers can be registered as trade marks but hard hurdle of distinctiveness to overcome – Agencja Widawnicza Technopol v OHIM, European Court of Justice

Skype admits to losing trade mark battle with Sky

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