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The nullity of trademarks due to non-use – decision of the Federal Supreme Court of 14.02.2021, I ZR 40/20 –

According to Section 49 (1) MarkenG, a trademark is liable to revocation if the trademark has not been used pursuant to Section 26 MarkenG within an uninterrupted period of five years after the date on which opposition to it is no longer possible. In its latest judgement on the requirements for revocation of trade marks, the BGH abandons its previous case law (BGH, judgeme...mehr

Müller Schupfner & Partner successfully defends Gum-Tech in patent infringement dispute before the German Federal Supreme Court

Munich, April 30, 2021 - In a decision dated April 20, 2021, the Federal Court of Justice dismissed the appeal of Conradi + Kaiser GmbH against the non-admission of the appeal against the judgment of the Munich Higher Regional Court for lack of fundamental importance of the case (Case No.: X ZR 92/19). The Munich Higher Regional Court had previously f...mehr

Panel on “How to protect your business through trademarks and designs” with participation of Müller Schupfner & Partner

At the joint project of 4iP Counsel and INTA on the occasion of World IP Day, attorney Mascha Heidelberg will be one of three speakers dealing with the topic of How to protect your business through trademarks and designs focused in particular on small...mehr

Board of Appeal of the EPO: An alleged non-obvious effect of a feature cannot support inventive step

EPA, Decision of 18.11.2020 – T 0517/16, Generating a Source Code Summary A claimed technical effect may be disregarded in the assessment of inventive step if it cannot be considered plausible for the claimed subject-matter in its full scope and is not made...mehr

Follow-up to the ECTA ®ETREAT

This year's ECTA ®ETREAT workshop on "TRADE MARKS AND DESIGNS: CASE LAW OF THE EUIPO BOARDS OF APPEAL AND OF GERMAN COURTS" was again successfully moderated and co-organised by Müller Schupfner & Partner. The event took place online in the afternoon of 10 March 2021. Up to 340 participants attended the event with three top-class presentations. This year, it was neces...mehr

ECJ – LEGO wins step by step, registered European design remains protectable

Judgment of the Court of Justice of the European Union (CFI) (Second Chamber) of March 24, 2021. Lego A/S v. European Union Intellectual Property Office. Case T-515/19. The judgment concerns European Design No. 16643...mehr

Oral proceedings as video conference – major differences between EPO and DPMA

Since January 1, 1998, i.e. for 23 years now (reference in EPO Official Journal 12-1997, 572), the European Patent Office (EPO) has established a communication system which allows oral proceedings before the EPO to be held by videoconference. Until the beginning of 2020, such oral proceedings by videoconference were only provided for proceedings before the Examining Divisi...mehr

EU Expert Group on SEPs publishes discussion paper

On February 10, 2021, the SEPs Expert Group (Expert Group on Standard Essential Patents), an advisory body of the EU Commission, which has been meeting since 2018, published a very comprehensive contribution (229 pages) on the topic of FRAND (see h...mehr

MSP organises and moderates the ECTA ®ETREAT online workshop

ECTA ®ETREAT "TRADE MARKS AND DESIGNS: CASE LAW OF THE EUIPO BOARDS OF APPEAL AND OF GERMAN COURTS". on 10 March 2021, 15:30 to 18:00 hrs. online workshop...mehr

Müller Schupfner & Partner strengthens its IP litigation practice in Munich by adding Carsten Schulte as partner

Munich, February 4, 2020 – With Dr Carsten Schulte the law firm Müller Schupfner & Partner is bringing another experienced partner on board. The attorney, who specializes in trademark and patent infringement proceedings, has joined the IP litigation team of the Munich office on February 1, 2021 and will take over the management of the IP litigation pra...mehr

Müller Schupfner & Partner Patent- und Rechtsanwaltspartnerschaft mbB
Kanzlei München

Bavariaring 11
80336 Munich
Germany

Phone: +49 - 89 - 21 99 12 0

Fax: +49 - 89 - 21 99 12 20

muc@mspartner.de

Kanzlei Hamburg

Schellerdamm 19
21079 Hamburg
Germany

Phone: +49 - 40 - 3 20 27 09 0

Fax: +49 - 40 - 3 20 27 09 29

hamburg@mspartner.de

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