Category Archives: Trademark Law

Brexit: Impact on European Patents, Trademarks and Designs

On June 23, 2016, a referendum will be held in Britain to decide whether or not Britain should leave or remain in the European Union (EU). In the event of a majority voting for a “leave” (“Brexit“, a portmanteau combining … Continue reading

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OHIM: New Office Name and EU Trade Mark Regulation

The Office for Harmonisation in the Internal Marke (OHIM) announced in a recent press release that the Regulation (EU) No. 2015/2424 of the European Parliament and the Council (EU trade mark regulation) dated December 16, 2015 will enter into force … Continue reading

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Federal Supreme Court Confirms Nivea Blue

Beiersdorf AG, manufacturer of Nivea, won a ruling from Germany’s Federal Supreme Court (BGH) that gives it a second chance to defend its trademark for the blue color on its Nivea products in a legal battle with Unilever NV (court case … Continue reading

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Filing a Trademark Application in Canada: Characteristics of the Canadian Trademark Law

The registration process of a trademark in Canada is in some ways extraodinary when compared to the registration practices in other countries. The most important characteristics of the Canadian trademark registration process are summarized below. 1. No Madrid Protocol Canada … Continue reading

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Rubik’s Cube Confirmed as a 3D Trademark in Europe

Invented in the 1970s, the Rubik’s Cube fascinates people around the globe and is one of the world’s best-selling toys. While many fans found the magic cube a hard nut to crack, a German toy manufacturer has challenged the registered … Continue reading

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OHIM: New Fake Invoices Resemble Official Communications

Applicants for European community trademarks (CTM applications) are currently receiving fake invoices from a British service provider called “OMIH – Trademarks and Designs Registration Office”. The fine print of the fake invoices mentions that the message is only an offer, … Continue reading

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New Common Trademark Practice: New Strategies Required for Filing Trademarks in Europe

Further to our recent article on the changes of the common practice of several European trademark offices (including the OHIM, GPTO, etc.) on the treatment of colored trademarks we will now explain how the decisions will in our opinion change … Continue reading

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OHIM: Color Check for Black and White Trademarks

The Office for Harmonization in the Internal Market (OHIM) recently announced a new common practice for trademarks registered in black and white or in grayscale in Europe. Under the new practice, the OHIM will no longer treat trademarks filed in … Continue reading

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OHIM: New Website Goes Online!

This week, a visitor to the website of the Office for Harmonization in the Internal Market (OHIM) will find that both, the functionalities and the design of the website have undergone drastic changes. The OHIM published in a press release … Continue reading

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Priority Documents: Formalities and Time Limits in Germany and Europe

Many applicants of patents, trademarks or designs in Europe or Germany have questions concerning the formalities and time limits for having the priority claim of a previously filed application confirmed. The formalities and time limits for submitting either a priority document … Continue reading

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