ohim

Instagram obtains the cancellation of the Instaweather trademark

The Office for Harmonization in the Internal Market (“OHIM”) recently declared the invalidity of the registered Community trademark “instaweather”, granting the application for a declaration of invalidity filed by Instagram LLC, the owner of the well-known trademark. On the same day, the Office also declared the invalidity of the […]

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 […]

“Pinocchio” is a valid Community trademark – and it’s not a lie

With its decision on 25 February 2015 in Case R 1856/2013-2 Yves Fostier v. Disney Enterprises, Inc., partially allowing an appeal, the Second Board of Appeal of OHIM (Office for Harmonization in the Internal Market) confirmed the validity of the word “PINOCCHIO” as a Community trademark (CTM).

In 2009, Disney […]

The invalidity of a Community design due to conflict with an earlier trademark: Crocs succeeds before the OHIM

by Michele Papa and Luigi Manna

Last December, the Invalidity Division of the Office for the Harmonization in the Internal Market (OHIM) declared the invalidity – with a decision still subject to appeal – of Community design (CD) no. 2222463-001, relating to footwear products, filed in April 2013 by a […]

The EU General Court on the commercial use of a domain name

According to the EU General Court (“EUGC”) ruling issued on 14 May 2013 in joined cases T-321/11 and T-322/11, the mere registration of a domain name should not ground an opposition against the subsequent application for an identical Community trademark, in case the domain name is not “used in […]