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IP Cases & Articles
No Likelihood of Confusion Between 'Boomerang' Marks
El Corte Inglés v OHIM, Case T-593/10. On 24 January 2012, the General Court of the European Union agreed with OHIM's Board of Appeal that there does not exist a likelihood of confusion between Jian Min Ruan’s Community Trade Mark (CTM) application (the sign) and the earlier CTM (the earlier… -
IP Cases & Articles
EPO Rule Changes from 1 April 2012
EPO official fees are going up. The increase is generally in the region of 5% to 10%. The new fees apply to payments made on or after 1 April 2012, except in the case of the fee for an international search and any transmittal fee which apply to international applications… -
IP Cases & Articles
Likelihood of Confusion Between Ragolizia and Favolizia
August Storck KG v OHIM: Case T-462/09 - On 12 January 2012, the General Court of the European Union (the Court) agreed with OHIM's Board of Appeal that there exists a likelihood of confusion between the Community trade mark (CTM) Application for 'RAGOLIZIA' by August Storck KG and the earlier… -
IP Cases & Articles
New Generic Top Level Domains (gTLDs)
On 12 January 2012, the Internet Corporation for Assigned Names and Numbers (ICANN) will open the application window for the New Generic Top Level Domains (gTLD) Program. -
IP Cases & Articles
Sweet Success - Cadbury Registers Purple Colour in UK
Following an opposition from Nestlé, Cadbury has been successful in registering the colour purple, in relation to a range of chocolate products. -
IP Cases & Articles
Proof of Use Unproven for 'Royal Shakespeare'
This Trade Marks Registry decision highlights what is required to defend a non use revocation action filed against a trade mark registration. Jackson International had registered ROYAL SHAKESPEARE in connection with ‘beers, including low-alcohol and non-alcoholic beers; fruit drinks; fruit juices and isotonic drinks’ in class 32. -
IP Cases & Articles
PASSIONATELY SWISS is Geographically Descriptive
On 15 December 2011, the General Court of the EU (the ‘Court’) released its judgment in the Mövenpick Holding v OHIM case. -
IP Cases & Articles
Refusal of Frosted Bottle Mark: Freixenet SA
Refusal of Frosted Bottle Mark - Freixenet v OHIM & CJEU: Joined Cases C-344/10 and C-345/10. -
IP Cases & Articles
Industrial Application: Human Genome v Eli Lilly
The new UK Supreme Court has made its first decision in a patent case. Human Genome Sciences (HGS) applied for patent EP0939894 (‘the patent’) in 1996. The patent in question identified a gene sequence coding for a human protein named neutrokine-α, along with the tissue distribution, expression information and antibodies… -
IP Cases & Articles
America Invents Act - A European Perspective
On 16 September 2011, President Obama signed into effect the America Invents Act (AIA). Over the course of the next 18 months, this act will introduce sweeping changes to how US patent applications are examined and to how disputes can be handled in the USA. As European patent attorneys, and…
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