IP-NEWS

The new Protection of Trade Secrets has taken effect on April 26, 2019!

Until April 26, 2019, trade secrets were protected by the Unfair Competition Act, namely §§ 17 to 19 UWG. These provisions have now been repealed and integrated into the new law.The following provisions entered into force:  •    Introduction of a legal definition of trade secrets:Trade secret means information which it is sec...mehr

ECTA ®ETREAT Follow-up

Also this year's ECTA ®ETREAT Workshop on "Trade Marks: Case Law of the EUIPO Boards of Appeal and German Courts Trademark" was successfully organized by Müller Schupfner & Partner. It took place at the German Patent and Trademark Office on 06 March 2019. Despite Ash Wednesday and Bavarian carnival holidays, around 160 participants took par...mehr

Müller Schupfner & Partner organizes and moderates the ECTA MUNICH ®ETREAT

Workshop "Case Law of the EUIPO Boards of Appeal and German Courts" on March 06, 2018, 4:30 p.m. to 8:00 p.m. at the German Patent and Trademark Office Forum in Munich...mehr

The new German Trademark Law Act takes effect today!

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

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”

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

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?

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

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?

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