Organisation: European Union Intellectual Property Office

General Court finds that Board of Appeal infringed right to be heard in opposition proceedings

The decision is a rare example of the General Court overruling the Board of Appeal both on procedural and substantive grounds.

02 May 2024

General Court: Board of Appeal erred in finding that handle design lacked individual character

The court notably held that a more rounded shape generally results in a softening of the lines of the neck and grip, which has a significant effect on the overall appearance and ease of use of the handle.

01 May 2024

General Court confirms that PABLO ESCOBAR is contrary to public policy and accepted principles of morality

The mark PABLO ESCOBAR contradicts, for a non-negligible part of the general public exposed to it, the indivisible and universal values on which the European Union is founded.

29 April 2024

General Court: no likelihood of confusion between identical marks due to dissimilarity of goods and services

The Class 41 services covered by Coinbase Global OÜ’s COINBASE mark, including news reporting, were not similar to the digital and financial services provided under Coinbase’s earlier marks.

26 April 2024

General Court: Board of Appeal decision breached opponent’s right to be heard

The EUIPO must provide parties with the opportunity to express their point of view on all matters forming the basis of the decisions of its departments.

25 April 2024

General Court: Board of Appeal correctly limited its likelihood of confusion assessment to part of the relevant public

The decision reiterates that it is not a requirement of Article 8(1)(b) that, for a mark to be refused registration, the likelihood of confusion must exist in all the member states and language areas of the European Union.

22 April 2024

General Court provides detailed assessment of bad faith in invalidity proceedings

To reach its decision, the court reviewed, among other things, the business relationship between the parties and how the figurative element that is common to the parties’ marks was created.

19 April 2024

IP office® – how trademark registries protect their own brands to help combat scams

WTR delves into the trademark portfolios of offices around the world to uncover those most active in protecting their own intellectual property.

08 April 2024

CFA v CEFA: General Court considers similarity of acronyms

The court found that the average consumer would refer to the mark CEFA CERTIFIED EUROPEAN FINANCIAL ANALYST solely by means of the acronym ‘CEFA’.

08 April 2024

General Court: Veuve Clicquot's iconic orange shade has not acquired distinctive character through use

The bar to establish distinctive character acquired through use in the European Union is so high that even the owner of a well-known mark will struggle to provide evidence covering the entire territory.

25 March 2024