EU Commission presents Legal Review of EU Design acquis (Class 99)
The Commission has published an external Legal Review analysing the state of European design protection and possible areas for harmonisation or improvement, prepared by Timelex, Spark, Queen Mary University of London and Indi.Gov. Together with the earlier Economic Review, these reports will feed into changes to the design system (following the trade mark reforms just enacted). The debate starts here!
Read more: http://marques.org/class99/Default.asp?XID=BHA744
Switzerland: deliveries to a subsidiary are not use in commerce (Class 46)
Pierre Fabre, proprietor of the Swiss trade mark ELUAGE, registered for skin care products, lodged an opposition against the trade mark YALUAGE by Sofar Swiss AG, claiming protection for similar goods. Sofar raised the objection of non-use of the older mark, and in a first decision, the IPO sided with Sofar and rejected the opposition. After Pierre Fabre had filed additional evidence, the IPO allowed the opposition partially (for certain goods), only for the Federal Administrative Court to overturn the decision on appeal.
Read more: http://marques.org/class46/Default.asp?XID=BHA4386
General Court: candy shape lacks distinctive character (Class 46)
In case T-240/15, Grupo Bimbo, SAB de CV applied for the following 3D mark for goods in Classes 5, 29 and 30. The EUIPO rejected the mark, among others
- Class 29: 'coated Peanuts ";
- Class 30: 'Cocoa (confectionery); almonds (based confectionery of-); cereal bars ; High protein cereal bars; cocoa, chocolate, peanut (based confectionery of-); pastilles (confectionery);pralines; confectionery for decorating Christmas trees, small chocolate covered bars.
Read more: http://marques.org/class46/Default.asp?XID=BHA4382