Category Archives: Trademark Law

EUIPO: Discrimination of Applicants and Proprietors Based on Their Place of Business or Nationality

Posted on May 26, 2022 by Dr. Dirk Franke

We have recently encountered a concerning situation with the European Union Intellectual Property Office (EUIPO) regarding the transfer of ownership of a registered EU trademark. It appears that the EUIPO is discriminating against customers based on their place of business, … Continue reading →

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BREXIT: Implications for EU Trademarks and EU Designs

Posted on November 9, 2020 by Dr. Dirk Franke

The United Kingdom (UK) officially withdrew from the European Union (EU) on January 31, 2020, and is currently in a transition period that will end on December 31, 2020. During this transition period, registered EU trademarks (EUTMs) and registered EU … Continue reading →

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Corona: Closures and Extensions of Time Limits at Patent and Trademark Offices

Posted on April 5, 2020 by Dr. Dirk Franke

In the following table, closures and extensions of time limits at the most important patent and trademark offices are summarized (as of April 21, 2020): Country Two letter code Status Notification Canada CA Extension of time limits until May 1, … Continue reading →

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Brexit: Impact on European Patents, Trademarks and Designs

Posted on June 19, 2016 by Dr. Dirk Franke

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

Posted on March 22, 2016 by Dr. Dirk Franke

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

Posted on August 22, 2015 by Dr. Dirk Franke

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

Posted on August 19, 2015 by Dr. Dirk Franke

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

Posted on March 22, 2015 by Dr. Dirk Franke

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

Posted on August 2, 2014 by Dr. Dirk Franke

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

Posted on July 29, 2014 by Dr. Dirk Franke

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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