trademark protection ‣ TM-Conqueror: Trademark law in Germany, Europe and the World

Recent Decisions in Trademark Law

By horak LawyersPosted on 21. January 2025Posted in Court of Justice of the European Union (CJEU), descriptive nature, distinctive character, Federal Court of Justice (BGH), German Federal Patent Court, potential confusion, revocation of the trademark for non-use, Section 26 of the German Trade Mark Act (MarkenG), Section 8(2) No. 1 MarkenG, Section 8(2) No. 10 MarkenG, Section 9(1) No. 2 MarkenG, term free for general use, trade mark application, trademark, trademark law, trademark protection, trademarks on spare parts, use of trademarks in commerce, word markTagged Audi, Black Friday, Court of Justice of the European Union (CJEU) C-334/22 Audi, descriptive nature, distinctive character, Federal Court of Justice (BGH) 25 W (pat) 13/21 Black Friday, Federal Court of Justice (BGH) I ZR 138/20 Testarossa, German Federal Patent Court 25 W (pat) 13/21 Neuschwanstein, German Federal Patent Court 29 W (pat) 36/20 Kölner Dom, German Federal Patent Court 30 W (pat) 78/21 MONSTER, Kölner Dom, lack of distinctiveness, legal limitations on trademarking terms, loss of trademark protection, Monitor the use of trademarks, Monster, Neuschwanstein, Olympia, potential confusion, repair clause applicable in design law, revocation of the trademark for non-use, Section 26 of the German Trade Mark Act (MarkenG), Section 8(2) No. 1 MarkenG, Section 8(2) No. 10 MarkenG, Section 9(1) No. 2 MarkenG, term free for general use, Testarossa, trademark protection, trademarks on spare parts, use of trademarks in commerce, word markNo Comments

1. Case No.: 30 W (pat) 78/21 Court: German Federal Patent Court Decision Date: August 23, 2024 Legal Provisions: Section 26 of the German Trade Mark Act (MarkenG) Trademark: “MONSTER” Details: The case dealt with whether using a word mark in a highly stylized logo constituted genuine use of the trademark. The court ruled that […]

Trademark: Terms of Renewal

By horak LawyersPosted on 18. July 2022Posted in absolute grounds for refusal, certification mark, danger of deceiving the public, DPMA, General, German Patent Application, lack of distinctiveness, Patent law, Patent license law, Patents, trade mark application, trademark, trademark category, trademark law, tribunal decisionTagged brand, EUIPO judgement, German law, intellectual property, IP-law, trademark, trademark application, trademark law, trademark protection, tribunal decisionNo Comments

Trademark´s Renewal Terms of protection: 3 Things To Know 1. After the Trademark Law Reform In the case of a trademark registered as of 01/14/2019, the term of protection begins on the day following the filing of the application and ends at the end of the day corresponding to the day of filing […]

EUIPO´s Judgement on the world trademark “Think Different”

By horak LawyersPosted on 1. July 2022Posted in certification mark, DPMA, General, German Patent Application, trade mark application, trademark, trademark category, trademark law, tribunal decisionTagged declaration, EUIPO, IP-law, judgement, legal application, rejection, revocation, think different, trademark protectionNo Comments

Dispute on the apple/swatch slogan “Think Different” and the importance of trademark protection Judgment of 08.06.2022; Ref. T-26/21; T-27/21 and T-28/21 In the following judgment of EUIPO in joined cases T-26/21, T-27/21 and T-28/21, the Luxembourg judges ruled in favour of Swatch. The watch manufacturer had applied to the European Trade Mark Office in 2016 […]