Organisation: European Union Intellectual Property Office

Polaroid figurative mark: when are geometric figures distinctive?

The decision represents another contribution to the case law regarding the threshold of distinctive character for figurative trademarks.

21 February 2024

General Court confirms that former tennis player’s mark may remain registered for certain Class 25 goods

In good news for French former tennis player Yannick Noah, the court confirmed that the mark NOAH had been put to genuine use during the relevant period for “polo shirts” and “sweaters”.

05 February 2024

General Court scrutinises complementarity of Class 33 goods and Class 35 services

The decision examines the criteria for assessing the similarity between goods and services, providing clarity on a widely-debated issue.

25 January 2024

General Court: Board of Appeal erred in maintaining LUTAMAX registration only for Class 5 sub-category

The court notably stressed that “dietary supplements adapted for medical or dietetic use” form a sufficiently clear category within Class 5.

22 January 2024

General Court confirms validity of Lego’s 3D mark for toy figure

In a victory for Lego Juris A/S, the court confirmed that the absolute grounds for refusal under Articles 7(1)(e)(i) and (ii) of Regulation 2017/1001 did not apply in this case.

08 January 2024

How amendments to the Trademark Act have helped align Norway with the rest of Europe

Amendments to the Norwegian Trademark Act, which entered into force on 1 March 2023, have brought the country into line with current European legislation and directives. Exploring some of these changes reveals how they may impact registration decision making.

04 January 2024

General Court confirms EUIPO’s refusal to register transfer of DIEGO MARADONA mark

The documents submitted in support of the request for registration of the transfer did not justify an assignment of the mark to Argentine company Sattvica, which belongs to Diego Maradona’s former lawyer.

12 December 2023

TRADIAS v TRIODOS: Board of Appeal erred in finding that relevant public would be likely to remember similarities rather than differences

The applicable case law does not state that the relevant public is more inclined to keep in mind the similarities rather than the differences that exist between two marks.

11 December 2023

Does the common element ‘crunch’ lead to a likelihood of confusion?

In good news for Nestlé, the General Court has confirmed that there was a likelihood of confusion between TIFFANY CRUNCH N CREAM and Nestlé’s earlier mark CRUNCH.

05 December 2023

INTERCRUISES v INCRUISES: Board of Appeal incorrectly held that evidence of use was unrelated to travel agency services

The General Court annulled the decision of the EUIPO Board of Appeal in these opposition proceedings, reiterating that the evidence of genuine use must be assessed as a whole.

01 December 2023