Community Trademark

The Italian Supreme Court on the foreign extension of the co-ownership of an Italian trademark

On 4 July 2016, with ruling no. 13570, the Italian Supreme Court commented on the possibility of extending the co-ownership of an Italian trademark to an identical foreign trademark.

The issue relates to the ownership of some applications for the Community, International and foreign registration of the word trademark “LEGEA”. […]

For the EGC the shape of Coca-Cola’s new bottle cannot be registered as a Community trademark

The European General Court (“EGC”), in its ruling of 24 February 2016, rejected the action brought by The Coca-Cola Company (herein “Coca-Cola”) against the decision of the Second Board of Appeal of the Office for Harmonization in the Internal Market (“OHIM”), confirming the rejection of the application for a […]

The use of “iwatch” as an AdWords keyword by Apple does not infringe an earlier third party’s trademark, says the IP Court of Milan

On 14 December 2015, the IP division of the Court of Milan ruled in preliminary injunction proceedings (docket number 40511/2015) on a case of alleged trademark infringement by means of the well-known Google AdWords service (a topic already discussed here on this blog).

A company operating in the field of software and […]

NET-A-PORTER vs. Chêf-à-porter: the OHIM considers the second trademark to be non-registrable due to lack of novelty

In the decision of 7th July in case R 1673/2014-4, the Fourth Board of Appeal of the Office for Harmonization in the Internal Market (OHIM) granted the appeal proposed by Net-a-Porter Group Ltd., a leading company in high-fashion online retailing, against the Spanish Duka Márquez S.L., which sought to […]

The General Court rules that the LEGO figure is a valid three-dimensional trademark

In a rejection of two actions brought by an English toy company against LEGO Juris A/S, the General Court of the European Union (GC) recently ruled in matter of three-dimensional trademarks, acknowledging the (contested) validity of two three-dimensional trademarks representing the shape of the famous Danish yellow figures (cases […]

The Principality is not allowed to register the trademark “Monaco”: according to the GC it lacks distinctive character

The General Court of the European Union (“GC”) recently rejected the complaint filed by Marques de l’État de Monaco (“MEM”) – a Monegasque company connected with the Principality’s Government – against the decision of the Office for the Harmonization in the Internal Market (“OHIM”) not to grant the registration […]