A decision rendered by the European Court of Justice (ECJ) on March 2, 2017, affirming a General Court ruling and potentially ending a nearly twenty-year legal battle, is a reminder to trademark owners that what is generic in...more
The United Kingdom’s decision to leave the European Union may have far reaching consequences for immigration and trade and it will have an impact on trademark rights as well. For those trademark owners who have sought to...more
As of March 23, 2016, the “Community Trade Mark” (CTM) is going by a new name: the “European Union Trade Mark” (EUTM), reflecting the evolution of the European Community into the European Union. By force of Regulation No....more
As of March 23, 2016, the EU Trade Mark Regulation (EUTMR) came into force and replaced the Community Trade Mark Regulation (CTMR). Some of the more significant changes of which trademark owners should be aware are...more
Three-dimensional trademarks have given rise to some interesting European Community decisions in the last several months (see, for example, our comments on the Kit Kat and Lego decisions). A decision rendered last week by the...more
As seems to be in vogue recently (see explanation of significant change to Canada’s trade mark law here) the European Union adopted legislation to overhaul its trade mark law. The reforms are numerous and amendments to...more
The European Union recently adopted new legislation introducing miscellaneous reforms to EU trade mark law. The reforms are numerous and include the adoption of a new designation for the Community trade mark itself and...more
Owners of pattern and three-dimensional marks should take note of the substantial burden of proving acquired distinctiveness of their marks through use throughout the European Union. On April 21, 2015, Louis Vuitton’s...more
The European Court of Justice’s June 2012 decision in IP TRANSLATOR changed the way trade mark specifications are interpreted. OHIM’s application of this decision led to inconsistent interpretations of trade mark...more
On June 16, 2015, Lego Juris A/S obtained two favorable decisions from the General Court of the European Union which will afford protection to famous Lego “minifigure” as a three-dimensional (3D) trademark; a protection that...more
Since 1994, the European Union’s trademark office – the Office for Harmonization in the Internal Market (OHIM) – has provided trademark owners a centralized and cost-effective registration system for securing trademark...more
Whether it’s black or white may not have mattered to Michael Jackson (at least that's how the song goes), but it does seem to matter now to the Office for Harmonization in the Internal Market (OHIM) and other trademark...more
As OHIM announces three primary changes to the treatment of trademarks in color, trademark owners should review their marks to ensure adequate protection. The Office for Harmonization in the Internal Market (OHIM),...more
In This Issue: Here is yet another bulletin on trade mark and unfair competition law. This edition includes coverage of plans of the European Commission to change the trade mark protection system. The draft...more
The European Commission recently issued draft legislation proposing to make the first significant changes to the European Union (“EU”) system of trademark protection since the establishment of the Community Trademark (“CTM”)...more
The European Commission has proposed a number of initiatives aimed at improving trade mark registration systems all over the European Union to make them cheaper, quicker, more reliable and more predictable. For example, as...more