The Unified Patent Court Agreement received a further blow this month after Germany’s Federal Constitutional Court declared the Act establishing the system null and void on constitutional grounds.
Despite holding a EU collective trademark, the EU General Court ruled that ‘Halloumi’ was too descriptive, and thus lacking in distinctive character, to successfully oppose a EU trademark application for ‘BBQloumi’. Now, the CJEU has set aside that decision.
In a new twist to the ‘Royal’ trademark saga, Prince Harry and Meghan Markle have retracted their application for the ‘Sussex Royal’ marks. Megan Taylor outlines the barriers to obtaining a Royal trademark.
If a trademark office deems a potential trademark to be contrary to public policy or accepted principles of morality, it can refuse to register the mark. Following a recent CJEU decision, concrete evidence will be necessary to substantiate that decision, as Casper Hemelrijk explains.
A recent judgement by the District Court of The Hague shows the importance of documenting comprehensive and consistent evidence of trademark and trade name use.
Such has been the success of the comedy movie Fack ju Göthe, its production company sought to register the title as a word mark. Casper Hemelrijk examines the public policy and morality objections within both the European and Benelux trademark contexts.
France’s new PACTE law has set out to modernise utility certificates by increasing their term of protection and adding new provisions to allow applicants to transform utility certificate applications into patent applications.
Celebrities are advised to protect their names as trademarks if they are to take action against unauthorised use by third parties, as Megan Taylor explains.
As Liverpool Football Club recently discovered, there are barriers to registering the name of a town, city or other geographical place name as a trademark.
A recent judgement by the Court of Justice of the EU has considered whether failing to specify goods and services clearly and precisely in trademark applications is a sign that the applicant acted in bad faith.
Service offering customers the opportunity to pay to name a star, in return for a certificate, found to be misleading for the purposes of trademark registration, as Louise van de Mortel explains.
Will the PACTE law, which seeks to tighten up the way in which patents are issued in France, result in stronger French patents or a gradual abandonment of its measures?