News & Analysis as of February 24, 2021. European Trade Mark Regulation (EUTMR) + Follow. IP in the UK After Brexit: What Does It Mean for UK Business and Trading with the EU?

With the entry into force of the EUTMR, a six-month period will be open for owners of EUTMs having been filed before 22 June 2012 for the general headings of the International Classification according to the Nice Agreement to submit a declaration, in compliance with article 28.8 EUTMR, indicating that they intended to cover more goods and services than those clearly mentioned in the literal

For single letters under Article 7 (1) (c) EUTMR, see the Guidelines, Part B, Examination, Section 4, Absolute Grounds for Refusal, Chapter 4, Descriptive Trade Marks (Article 7 (1) (c) EUTMR), paragraph 2.8). 2. (2) Council Regulation (EC) No 40/94 (4), which was codified in 2009 as Regulation (EC) No 207/2009, created a system of trade mark protection specific to the Union which provided for the protection of trade marks at the level of the Union, in parallel to the protection of trade marks available at the level of the Member States in accordance with the national trade mark systems, harmonised by A request for suspension pursuant to Article 132(2) EUTMR should be supported by relevant evidence. Suspension requests are only considered relevant to the proceedings and might be granted under Article 132(2) EUTMR in cases where they refer to the contested EUTM and not where they refer to other EUTMs contested in parallel cancellation proceedings. 20 hours ago The objectives of Article 8(3) EUTMR The Court underlines that the ability to oppose similar marks based on Article 8(3) EUTMR is supported by the objective pursued by that provision, which is to prevent misuse by the agent or representative, who may exploit the knowledge and experience acquired during the business relationship to the detriment of the proprietor (§ 71-72).

Know more: ECTA 39th Annual Conference - Waltzing with IP. 21/10/2021 - Vienna, Austria. Calendar. ECP8 Assistance on Art (8)4 EUTMR IP rights Meeting. 03/03/2021 - Alicante, Spain.

European Cooperation Projects working groups: 22 February – 5 March 2021. Experts from the European Union Intellectual Property Network (EUIPN) will be meeting virtually for the 2nd European Cooperation Projects (ECPs) working groups of the Strategic Plan 2025.

The question of whether plant variety denominations can be protected under Article 7(1)(m) of the European Trade Mark Regulation was addressed by the EU General Court for the first time in the dispute over ‘Kordes’ Rose Monique’. Louise van de Mortel sets out the ruling. 16/11/2021 - Alicante, Spain. More ECTA Activities.

On 1 st March 2021, an updated version of the EUIPO Guidelines for examination of EU Trade Marks entered into force. Changes can be seen in the ‘ track changes ’ version. This reveals extensive revision throughout.

Visa alla uppdrag. Artiklar. Nya artikel 9(4) EUTMR och tullens ingripanden mot förfalskade varor i transit NIR 3/2017 9 november 2017.

23/02/2021 - Alicante, Spain. More ECTA Activities.
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EUTMR or to the contrary that additional factors must be present in order to reach the aforesaid conclusion. The Boards of Appeal have issued diverging decisions on this issue.

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The objectives of Article 8(3) EUTMR The Court underlines that the ability to oppose similar marks based on Article 8(3) EUTMR is supported by the objective pursued by that provision, which is to prevent misuse by the agent or representative, who may exploit the knowledge and experience acquired during the business relationship to the detriment of the proprietor (§ 71-72).

In its decision of January 20, 2021, Case T253/20, ECLI:EU:T:2021:21, the GC provided clarification on the assessment of the distinctiveness of “slogan marks” based on Article 7(1)(b) EUTMR. The GC noted that the registration of advertising slogans is not strictly excluded, and when assessing a slogan’s registrability, the same criteria apply as for any other types of signs.

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2021-03-24 · The 1st of January of each calendar year marks not only the days full of new years’ hope, resolutions, and promises, but also the public domain day. 1 January 2021, a moment full of hope with the anti-COVID vaccine rolling out, is no different for copyright law purposes.

The General Court sided with Oatly and found that this slogan was sufficiently distinctive to be registered as an EU trademark. edition enters into force on 1 March 2021, following the approval of the Executive Director by means of Decision EX-21-1.

Dec 2, 2019 Among the absolute grounds for refusal or invalidity of trade marks, Articles 7(1)( e)(iii) of the EU Trade Mark Regulation1 (EUTMR, in relation to

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the time limit under Article 146(7) EUTMR to translate the notice of opposition; Tuesday, February 02, 2021 - #IPKat, Collective trade mark, distinctiveness, EUTMR, Halloumi, likelihood of confusion, Nedim Malovic In a recent decision concerning the likelihood of confusion between the EU collective trade mark ‘HALLOUMI’ and the sign ‘BBQLOUMI’, the E Sara Parrello, Fabio Angelini (Bugnion S.p.A) / January 22, 2021 / Leave a comment In the absence of specific EU provisions, EU national court shall apply in regard to EUTM registrations the applicable national law pursuant to art. 129 EU Reg. 2017/1001 (EUTM Regulation).