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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

EU General Court: Chinese design does not infringe famous Italian scooter design

By judgment of 24 September 2019 (T-219/18), the General Court ruled that the Community design of a scooter registered for a Chinese company does not infringe the rights of a traditional Italian company to its famous...more

EUIPO: Repeat trademark applications for the same classes can equate to bad faith

In July, the Second Board of Appeal of EUIPO declared the MONOPOLY trade mark invalid to the extent that the underlying application covered goods and services for which the trade mark was already registered. Such filings...more

CJEU: Sweet victory for well-known trademark against registered design

In its judgment C-693/17 earlier this year, the CJEU confirmed a decision of the GC in design invalidity proceedings, in which the proprietor of a trademark protecting the image of product packaging successfully took action...more

EU: “Der Grüne Punkt” is not a trademark used for packaged goods

“Der Grüne Punkt” is a concept that presumably everyone in Germany is familiar with; recently, the financing symbol for participation in the dual collection and recovery systems was the subject matter of proceedings before...more

IPunkt | IP auf den Punkt gebracht - Januar 2019

MARKENRECHTSMODERNISIERUNGSGESETZ (MaMoG) ZUR UMSETZUNG DER EU-MARKENRECHTSLINIE 2015/2436 TRITT IN KRAFT - Am 14. Januar 2019 trat die Novellierung des Markengesetzes durch das MaMoG in Kraft, mit der eine Reihe von...more

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