EU

The need to file evidence of use can crop up in many cases and the requirement to show historic use can cause problems for businesses. Preparation is critical to success.

Earlier this month, EUIPO’s Board of Appeal ruled on an opposition between German drink brand Jägermeister and French company Les Bordes over ownership of a stylised Hubertus stag.

The German Federal Constitutional Court has cleared the way for Germany to finally implement the Agreement on a Unified Patent Court (UPCA). In so doing, the unitary patent and court system could come into being as of mid-2022.

Last month, the General Court of the European Union achieved a new milestone when it handed down its first-ever judgement on a sound mark registration, presented as an MP3 file. Koen de Winder sets out the background and implications of the ruling.

Drinks companies have diversified their products and ranges, and implemented new strategies in response to changing consumer preferences and the impact of both Brexit and COVID-19. But, what do these factors mean for brands' IP strategies moving forward? 

It is crucial to act promptly when submitting objections (or oppositions) to challenge potentially conflicting trademark applications. But, what is the opposition procedure – and how can brand owners make best use of it to protect their trademarks? V

The estate of Swedish author Astrid Lindgren successfully established last year that a German version of the song ‘Hey, Pippi Longstocking’ infringed its copyright. To mark the launch of the new official version of the Pippi Longstocking song this month, Koen de Winder examines the court case and what it means for the character’s legacy.

The European patent system provides companies with an efficient structure for protecting inventions in Europe. However, there are a number of crucial points to consider if they are to make the best use of the system.

It is good practice to monitor trademark registries for potentially infringing trademark applications. The challenge is in developing the right watching strategy to avoid being swamped with results. Trademark Attorney Vanessa Harrow offers some advice.

Assumptions that the shape mark is dead may have been overturned this month, after the General Court of the EU found the shape of a lipstick suitable for trademark protection. While it is not easy to protect characteristics such as shapes under EU trademark law, the recent judgement provides hope for companies wishing to protect design elements or other features of their products.

Finally, some good news for the Unitary Patent. Germany's Federal Constitutional Court has rejected the two applications for a preliminary injunction against the German Act of Approval to the Unified Patent Court Agreement. The decisions mark a key step forward for the Unitary Patent, says Robert Balsters.

The ruling in 'Museum of illusions' is a reminder that the assessment of the likelihood of confusion must be considered globally and cannot result from a mechanical application of the principles, as Florence Chapin explains.