Issue 080
  August 2017
Contents:
 

Download the Annual Conference app now

>  
 

MARQUES to host three USPTO events

>  
 

Responses requested on trade secrets questionnaire

>  
 

German Judges Meeting in October

>  
 

Field Notes from the Outer Borders: innuendo goes too far

>  
 

AG gives Opinion in Champagner Sorbet case

>  
 

Latest news from EUIPO

>  
 

Thailand joins the Madrid System

>  
 

MARQUES Media Roundup

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Disclaimer:
The views expressed by contributors to this newsletter are their own and do not necessarily reflect the policy and/or opinions of MARQUES and/or its membership.  Information is published only as a guide and not as a comprehensive authority on any of the subjects covered.  While every effort has been made to ensure the information given is accurate and not misleading neither MARQUES nor the contributors can accept any responsibility for any loss or liability perceived to have arisen from the use or application of any such information or for errors and omissions.  Readers are strongly advised to follow up articles of interest with quoted sources and specialist advisors.
 

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Download the Annual Conference app now

 

 

If you have a smartphone, make sure you download the Annual Conference app before travelling to Prague

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MARQUES to host three USPTO events

 

 

Three seminars on IRs and designating the US will be held in Paris (26th September), Milan (27th September) and Madrid (29th September)

Read More >>
Responses requested on trade secrets questionnaire

 

MARQUES members are invited to respond to a questionnaire on trade secrets, which is being conducted by KPMG for the European Observatory on Infringement of Intellectual Property Rights

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German Judges Meeting in October


The next Meet the Judges event will take place in Munich on Friday 27th October, and will feature judges representing the Federal Supreme Court, Federal Patent Court, Munich Court of Appeal and district courts

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Field Notes from the Outer Borders: innuendo goes too far

In the latest in its series of Field Notes concerning unusual trade marks, David Fyfield of the IP Emerging Issues Team looks at a mark that the EUIPO thought stepped over the border from merely tasteless to offensive. Warning: this Field Note may offend!

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AG gives Opinion in Champagner Sorbet case

 

Karin Lochner of the GI Team discusses the recent Opinion of the Advocate General on the legitimate use of the name “Champagner” for a sorbet containing Champagne

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Latest news from EUIPO

MARQUES is pleased to share with members news on: an audit of opposition decisions; a recent case addressing the importance of disclaimers in designs; and EUIPO’s key user programme

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Thailand joins the Madrid System

 

MARQUES Media Roundup

The government of Thailand has deposited its instrument of accession to the Madrid Protocol. Here’s all the information you need to know

 

Check out the recent posts on General Court design decisions on the Class 99 blog, as well as other news on MARQUES social media channels

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Chanel victorious in interlocking logo battle

An interesting, and pro-fashion, decision from the General Court in T‑57/16, Chanel SAS v EUIPO - Li Jing Zhou & Golden Rose 999 (Ornament).  It is not yet available in English, but Mr Google has once more lent us a hand in bringing you a summary.

Chanel attacked the validity of RCD 1689027-0001, which shows two interlocking S shapes and the indication of product reads "ornamentation", in Locarno Class 32 ("Graphic Symbols and Logos, Surface Patterns, Ornamentation").  The basis of the attack in this case was the prior publication of their own famous interlocking-C logo.

Read more: https://marques.org/class99/Default.asp?XID=BHA800

General Court consider a question of timing in smartwatch case

Case T 90/16, Thomas Murphy v EUIPO – Nike Innovate, 4 July 2017 (Electronic Watch Bracelet) marks the latest stage in a battle between a lone inventor and the mighty Nike.  Having had the pleasure of meeting Mr Murphy, the applicant for invalidity of Nike’s design, I will try to keep this post as brief as possible and readers should be aware that his cause has my sympathy, though not my involvement.

The Nike design was registered in 2012 and, in August 2013, Mr Murphy filed to invalidate it.  It was upheld at first instance (in Invalidity Decision ICD 9251), on appeal (Appeal Board Decision R0736/2014-3) and, four years on, before the GC.  We wait with interest to see whether it will go further.

Read more: https://marques.org/class99/Default.asp?XID=BHA799

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