Community Trademark

News & Analysis as of

Full steam ahead for the EU’s new Trade Mark Directive

On 15 January 2016, Europe’s new Trade Mark Directive (2015/2436) will come into force, with the aim of harmonising trade mark laws across the EU. The news follows the publication of the new Directive in the Official Journal...more

Newly published European Trademark Directive and Regulation Gives Owners of EU Trademark Registrations for Class Headings Last...

Among several other changes in the European Union Trademark (EUTM) system (formerly referred to as the Community Trademark (CTM)), the European Union Intellectual Property Office (formerly known as OHIM) will provide a period...more

Date Me, Snog Me But Don’t Meet Me in the European Trademark Office

“Be creative!” is an important piece of advice which you often hear from European trademark lawyers. Today, more than ever, this recommendation should be taken seriously. The reason is very simple: the Community trademark...more

No Break In Fight Over Kit Kat Three-Dimensional Trademark

The story begins in the UK in 1935, when a worker at Rowntree’s York factory put an idea in the suggestion box for a snack that “a man could take to work in his pack.” This idea ?led to the famous four-finger Kit Kat...more

EU Trademark Changes in 2016

After more than eight years of discussions, the long-awaited EU trademark reform is almost here. The new European Trade Mark Directive (further harmonizing the trademark laws of the 28 member states of the European Union) and...more

The Sofa Workshop v Sofaworks - Intellectual Property Enterprise Court considers requirements for genuine use of a CTM

The UK's Intellectual Property Enterprise Court recently handed down its judgment in The Sofa Workshop Ltd v Sofaworks Ltd. The case highlights the difficulties that the international nature of Community trade marks (“CTMs”)...more

No lounging about – use of a Community Trade Mark (CTM) in only one member state may result in revocation

In a decision which appears inconsistent with the decision of the Court of Justice of the European Union (CJEU) in Leno Merken, the Intellectual Property and Enterprise Court (IPEC) has found that use of a CTM in only one...more

“Black and White” Is So 2014 for EU Trademarks

Under a new Community Trade Mark (CTM) rule, trademarks filed in black and white, or greyscale, may no longer be protected if the mark is used predominantly in color. The CTM system creates a unified trademark registration...more

5 Things You May Not Know About Trademarks in France

Foley Hoag was recently delighted to announce the arrival of two IP attorneys to our Paris office, Catherine Muyl and Alice Berendes. We asked them to tell us a few things we may not know about trademarks in France. Here...more

A Primer on the European Community Trademark

Trademarks used to be protected in Europe, for the most part, by registering them before the trademark office of each nation of interest. However, trademark registrations obtained under the national laws have sometimes been...more

Croatia to Join the European Union — A Bonus for Community Trademark Owners

On July 1, Croatia is scheduled to join the 27 other jurisdictions that make up the European Union (“EU”). For the owners of Community Trademark (“CTM”) applications and registrations, their existing CTM filings will be...more

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