Trade Mark

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Too well known for your own good. Free movement of goods and protection of trade marks

Artificial partitioning of the market. How the re-branding of a drug by a parallel importer was ruled lawful by the Court of Appeal of England & Wales (Civil Division)

Article Date: 11-05-2015
Categories: Intellectual Property Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The Court of Appeal found that the enforcement against a parallel importer of a trade mark used for a pharmaceutical product created an artificial partition in the market in the UK and was a disguised restriction on trade between Member States which made it unlawful, pursuant to art.36 TFEU. The Ap... [Read All]

Acquired distinctiveness through use in colour trade marks

Article Date: 12-02-2015
Categories: Intellectual Property Typology: Case Law
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From Altalex.EU Blog - Comments (0)
On June 19th 2014 the CJEU handed down a decision concerning colour trade marks and their acquired distinctiveness through use (i.e. the necessary degree of consumer recognition). The Austrian bank “Oberbank AG” and the Spanish bank “Santander SA” independently sought a decl... [Read All]

Organismos Kypriakis Galaktokomikis Viomichanias v. OHIM

General Court of the European Union, Case T‑534/10

Article Date: 13-06-2012
Categories: Intellectual Property Typology: Case Law
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From Altalex.EU Blog - Comments (0)
JUDGMENT OF THE GENERAL COURT (Eighth Chamber) 13 June 2012 (Community trade mark – Opposition proceedings – Application for the Community word mark HELLIM – Earlier Community collective word mark HALLOUMI – Relative ground for refusal – Likelihood of confusion &ndash... [Read All]

Omnicare v OHIM

European Court of Justice, Joined Cases C‑587/11 P-R and C‑588/11 P-R

Article Date: 19-07-2012
Categories: Intellectual Property Typology: Case Law
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From Altalex.EU Blog - Comments (0)
ORDER OF THE PRESIDENT OF THE COURT 19 July 2012 (Application for interim measures – Appeal – Application for interim measures – Community trade mark) In Joined Cases C‑587/11 P-R and C‑588/11 P-R, APPLICATIONS for interim measures under Article 279 TFEU, brought on 23 Dece... [Read All]

Wall AG v OHIM

General Court of European Union, Case T‑227/11

Article Date: 12-07-2012
Categories: Intellectual Property Typology: Case Law
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From Altalex.EU Blog - Comments (0)
  For the purposes of applying Article 8(1)(b) of Regulation No 207/2009, upon opposition by the proprietor of an earlier trade mark, a likelihood of confusion presupposes both that the marks at issue are identical or similar and that the goods or services which they cover are identical or sim... [Read All]

Feng Shen Technology Co. Ltd v. OHIM

General Court of European Union, Case T‑227/09

Article Date: 21-03-2012
Categories: Intellectual Property Typology: Case Law
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From Altalex.EU Blog - Comments (0)
  In order to determine whether the applicant is acting in bad faith within the meaning of Article 51(1)(b) of Regulation No 40/94 on the Community trade mark (now Article 52(1)(b) of Regulation (EC) No 207/2009), the national court must take into consideration all the relevant factors specifi... [Read All]

Barilla G. e R. Fratelli SpA v. OHIM

General Court of European Union, Case T‑157/10

Article Date: 23-03-2012
Categories: Intellectual Property Typology: Case Law
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From Altalex.EU Blog - Comments (0)
JUDGMENT OF THE GENERAL COURT (Second Chamber) 23 March 2012 (Community trade mark – Opposition proceedings – Application for registration of the Community word mark ALIXIR – Earlier national word mark Elixeer – Relative ground for refusal – Likelihood of confusion &n... [Read All]

The Laboratoire Garnier v OHIM case

European General Court, Case T‑559/10

Article Date: 11-07-2012
Categories: Intellectual Property Typology: Case Law
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From Altalex.EU Blog - Comments (0)
In order for a sign to be ineligible for registration as a Community trade mark, it is sufficient that one of the absolute grounds for refusal listed in Article 7(1) of Regulation No 207/2009 applies.   JUDGMENT OF THE GENERAL COURT (Eighth Chamber) 11 July 2012 (Community trade mark &ndash... [Read All]

The Bonnier Audio AB case

European Court of Justice, C-461/10

Article Date: 19-04-2012
Categories: Intellectual Property Typology: Case Law
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From Altalex.EU Blog - Comments (0)
Judgment of the Court (Third Chamber) of 19 April 2012 (reference for a preliminary ruling from the Högsta domstolen - Sweden) - Bonnier Audio AB, Earbooks AB, Norstedts Förlagsgrupp AB, Piratförlaget AB, Storyside AB v Perfect Communication Sweden AB   (C-461/10)  ... [Read All]

The Viaguara S.A. case

General Court of European Union ,Case T-332/10

Article Date: 25-01-2012
Categories: Intellectual Property Typology: Case Law
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From Altalex.EU Blog - Comments (0)
Judgment of the General Court of 25 January 2012 - Viaguara v OHIM   (Case T-332/10)    (Community trade mark - Opposition proceedings - Application for Community word mark 'VIAGUARA' - Earlier Community word mark VIAGRA - Unfair advantage taken of the distinctive cha... [Read All]
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