Dr. Patrick Fromlowitz, LL.M.

Dr. Patrick Fromlowitz, LL.M.

Hogan Lovells

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German FCJ: Trademark owners bear the burden of proof for the public recognition of a trademark

The German Federal Court of Justice recently published a decision (Case No. I ZB 16/20) clarifying that trademark owners bear the burden of proof for public recognition of a trademark within the affected trade circles in...more

11/17/2021  /  Acquired Distinctiveness , Burden of Proof , European Court of Justice (ECJ) , Intellectual Property Protection , Trademark Cancellation , Trademark Infringement , Trademark Litigation , Trademarks

Put a cork in it: EU General Court says sound file of "opening a carbonated beverage" not registrable as a sound mark

The typical crack and fizz sound that occurs when opening a carbonated beverage is not registrable as a sound mark as it lacks any distinctive character. This was decided by the General Court of the European Union (GC) in a...more

8/30/2021  /  Acquired Distinctiveness , Corporate Counsel , European Union Intellectual Property Office (EUIPO) , Inherently Distinctive , Sound Marks , Trademark Application , Trademark Registration , Trademarks
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