EUIPO

EUIPO

Earlier mark’s figurative elements will not have, in any event, the same impact of the verbal element in its overall impression

Aurally, the signs are identical for the relevant Frech-speaking public under focus.In French, the pronunciation of the ...
EUIPO

George Orwell – trademark law cannot be used to recreate a perpetual monopoly once copyright protection has ended – 6

The objective of Article 7(1)(e) EUTMR is to prevent the exclusive and permanent rights that a trade mark confers from s...
EUIPO

George Orwell – trademark law cannot be used to recreate a perpetual monopoly once copyright protection has ended – 5

Cultural heritage is morally violated by trade mark registration if the public would find the registration offensive in ...
EUIPO

George Orwell – trademark law cannot be used to recreate a perpetual monopoly once copyright protection has ended – 4

In light of the foregoing criteria, the Grand Board concludes that, for the relevant public, the sign ‘GEORGE ORWELL’ wi...
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...