IP-NEWS
The new German Trademark Law Act takes effect today!
- December 15
- IP-NEWS
Today, on January 14, 2019, the deadline for transposing the European Union Trademark Directive EU 2015/2436 expires. During the course of this, the German legislator has passed the new German Trademark Law Act, which comes into force today. The reform aims at strengthening the rights of trademark owners and harmonizes rules in the European Union....mehr
New Rules of Procedure of the Boards of Appeal
- December 15
- IP-NEWS
The Boards of Appeal of the European Patent Office (EPO) are currently revising their Rules of Procedure, which regulate the procedure in appeal proceedings before the EPO. In the course of the seminar on the latest case law, which was attended by patent attorneys from Müller Schupfner & Partner, the chairman of the Boards of Appeal, Carl Josefsson, laid down the basi...mehr
Court of Justice of the European Union: registrable European Union trademark “Neuschwanstein”
- December 15
- IP-NEWS
Court of Justice of the European Union, Judgment of September 06, 2018 – C-488/16 P The Court of Justice of the European Union (CJ) joins the General Court (GC) and the European Union Intellectual Property Office (EUIPO - nullity division) in their prior instance decisions and rul...mehr
Federal Supreme Court confirms: “digestible” beer is an inadmissible advertising statement for beer with a content of more than 1.2 volume percent alcohol
- December 15
- IP-NEWS
The 1. Civil Senate of the Federal Supreme Court, which is, among others, responsible for competition law, confirmed with its decision of May 17, 2018, (Ref.: I ZR 252/16) the prior instance decisions of the Higher Regional Court of Stuttgart (appeal decision of November 03, 2016; Ref.: 2 U 37/16) and Regional Court of Ravensburg (decision of August 25, 2015; Ref.:...mehr
Trademarks and designs if there’s no Brexit deal?
- December 15
- IP-NEWS
What happens if the United Kingdom (UK) and the European Union (EU) do not find a suitable deal by March 2019? The UK Government has now prepared solutions regarding trademarks and designs in case of a ‘no deal’ outcome before March 29, 2019. Following regulations will apply for registered European Union trademarks (E...mehr
Federal Court of Justice (BGH) for the motivation of the usage of the general knowledge of the person skilled in the art – Kinderbett
- December 15
- IP-NEWS
According to the current ruling of the Federal Court of Justice (BGH) of March 27, 2018, "Kinderbett", the general knowledge of the person skilled in the art can only be used as an incentive, if it is readily apparent to the person skilled in the art that a technical starting point exists in which the use of the solvent in question is purposively (see BGH, judgment of 27/0...mehr
Louboutins and the red shoe sole – coloured position trademark?
- December 15
- IP-NEWS
On 12 June 2018, the European Court of Justice delivered the following judgment in Case C-163/16 Christian Louboutin and Christian Louboutin SAS v Van Haren Schoenen BV A mark consisting of a colour applied to the sole of a shoe is not covered by the prohibition of the registration of shapes. Such a mark...mehr
Brexit and Intellectual Property rights
- December 15
- IP-NEWS
The EU Commission and the United Kingdom have agreed on a transition period which is intended to begin on March 29, 2019 until December 31, 2020. While the UK will remain a member of the EU during this time, both parties have now presented further details of negotiated and partly already accepted regulations for the time after the transition period....mehr
ECTA MUNICH ®ETREAT
- December 15
- IP-NEWS
The ECTA MUNICH ®ETREAT Workshop "Case Law of the EUIPO Boards of Appeal and German Courts" was successfully organised by Müller Schupfner & Partner at the German Patent and Trademark Office on March 19, 2018. More than 70 participants enjoyed two high-profile talks, followed by a drinks reception sponsored by Müller Schupfner &a...mehr
Federal Court of Justice suspends the deletion of two three-dimensional square packaging trademarks for chocolate bars of the chocolate manufacturer “Ritter Sport”
- December 15
- IP-NEWS
With the recently published decisions of October 18, 2017 (I ZB 105/16 and I ZB 106/16), the Federal Court of Justice (BGH) annulled the deletion of two three-dimensional square packaging trademarks for chocolate bars from the chocolate manufacturer "Ritter Sport" ordered by the Federal Patent Court (BPatG), thereby strengthening three-dimensional trademarks....mehr
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