EUIPO BMV’ found to free-ride on BMW’s reputation
Visually, the signs are similar to an above-average degree. The signs coincide in the letters ‘BM’, placed in the same o...
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EUIPO Ex officio refusal of protection – ONE PIECE
The relevant English-speaking consumer would understand the sign as having the following meaning: any single thing. The ...
EUIPO TOUR DE FRANCE: ‘Tour de’ is too weak to prevent registration of ‘TOUR DE X’
The risk that the public may believe that the goods or services in question come from the same undertaking or from econo...
EUIPO Oxymorons can be descriptive too
As regards the arguments based on the registration of the sign applied for in the United Kingdom and the United States, ...
EUIPO Same letter, different graphical depiction – not enough for likelihood of confusion without the same concept
The Board of Appeal (BoA) notes that the overall visual impression of the signs, even if both are perceived as containin...
EUIPO Downloadable media and blockchain software differ despite being in the same class
The Board of appeal (BoA) confirms the Opposition Division’s conclusion that the contested goods, which are various type...
EUIPO Justification of non-use
EUIPO > Trade mark guidelines > 2.11 Justification of non-use As an exception to the obligation of use, the concept of p...
EUIPO A potential head of damage – dilution
L’Oréal v Bellure (Case C-487/07), CJEUAs regards detriment to the distinctive character of the mark, also referred to a...
EUIPO Assessing the similarity of the goods or services
Canon Kabushiki Kaisha v. Metro-Goldwyn-Mayer the Court of Justice of the European Union (Case C-39/97)In assessing the ...
EUIPO EUIPO rejects Thom Browne’s four-stripe position mark
EUIPO Case no. 018980277Thom Browne, Inc. filed EU Application No. 018980277 for the below four-stripe design mark as a ...