欧州

EUIPO

George Orwell – trademark law cannot be used to recreate a perpetual monopoly once copyright protection has ended – 3

In particular, information included in dictionaries has been considered as being in the nature of well-known facts becau...
EUIPO

George Orwell – trademark law cannot be used to recreate a perpetual monopoly once copyright protection has ended – 2

– Period for which the author has been known: if the author has been known for a long period of time, even if they are d...
EUIPO

George Orwell – trademark law cannot be used to recreate a perpetual monopoly once copyright protection has ended – 1

The non-exhaustive and non-cumulative criteria that have been identified are the following:– Fame and recognition of the...
EUIPO

Consumers focus on the verbal elements rather than on the representation of the ice cream itself on the packaging – 4

Visually, the coincidence in the representation of a round ice cream covered with chocolate and attached to a wooden sti...
EUIPO

Consumers focus on the verbal elements rather than on the representation of the ice cream itself on the packaging – 3

According to case-law, the weakly / non-distinctive character of an element that is common to two signs reduces the rela...
EUIPO

Consumers focus on the verbal elements rather than on the representation of the ice cream itself on the packaging – 2

Both signs contain the realistic depiction of a similar round-shaped, chocolate-coated ice cream on a stick, with an irr...
EUIPO

Consumers focus on the verbal elements rather than on the representation of the ice cream itself on the packaging – 1

The assessment of the similarity between two marks means more than taking just one component of a composite trademark an...
EUIPO

All the elements making up the contested sign do not depart from the norm or customs of the sector of laundry and cleaning products – 2

It should also be borne in mind that novelty or originality are not relevant criteria for assessing the distinctive char...
EUIPO

All the elements making up the contested sign do not depart from the norm or customs of the sector of laundry and cleaning products – 1

The perception of the average consumer is not necessarily the same for trade marks consisting of the appearance of the p...
EUIPO

A serious risk that the use of the contested mark would take unfair advantage of the reputation of the earlier mark – 3

It conveys an image of prestige, sophistication, exclusivity, and high economic value. This image has been built over de...