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IP Cases & Articles
EPO G1/21 communication oral proceedings by videoconference during times of emergency
On 16 July 2021, the Enlarged Board of Appeal issued the order of its decision in G1/21. -
IP Cases & Articles
EPO Board of Appeal Decisions third edition ebook
It is with great pleasure that we present the third edition of our book of decisions from the European Patent Office (EPO) Boards of Appeal. -
IP Cases & Articles
Business savvy or abuse of rights knowing whether well-known trademarks are up for the taking
The Regional Court of Munich has considered whether a German trademark registration that is identical to a well-known mark covering identical or similar goods outside Germany constitutes a bad-faith filing. Although the court did not find that the disputed marks were filed in bad faith in this instance, it confirmed… -
IP Cases & Articles
Wheres the beef? Insufficient evidence to support butchers passing off claim against Lidl
The claimant (PWS), a high-end family butcher in Launceston, Cornwall had traded under the marks PHILIP WARREN and PHILIP WARREN & SON from around 1980, as well as the logo below. -
IP Cases & Articles
Trouble in paradise (island)? No double territoriality requirement for EU trade mark use
In a decision regarding the partial revocation of Kerzner International’s ATLANTIS European Union Trade Mark, the EUIPO’s First Board of Appeal found that the trade mark had been used within the EU in respect of various hotel-related services despite the fact that the proprietor’s hotels were physically located in Dubai… -
IP Cases & Articles
Machinery opposition a jump too far for Puma: Puma v Gemma Group
This General Court decision (T-510/19) concerns an opposition by Puma SE (Puma) against an application for machine related goods in class 7 by Gemma Group (Gemma) as shown below. -
IP Cases & Articles
Anonymity is not a laughing matter: Banksys trade marks declared invalid on the grounds of bad faith
In a series of recent developments at the EUIPO, Full Colour Black Limited (a graffiti card company) has been successful in five cancellation actions filed against EUTM registrations held in the name of Pest Control Office Limited (Banksy’s deemed legal representatives). -
IP Cases & Articles
Look sharp! The importance of robust and objective evidence
A recent request to invalidate a registered community design failed due to the insufficiency of the evidence provided. The decision of the Third Board of Appeal in R 2019/2020-3 Cutelaria Cristema LDA v Francisco do Carmo Silva Mota serves as a helpful reminder of the importance of submitting sound and… -
IP Cases & Articles
Happy birthday to the German Federal Patent Court!
On 01 July 1961, sixty years ago to the day, the Bundespatentgericht (also known as the BPatG or in English the German Federal Patent Court or FPC) commenced its work. The court is a supreme federal court and falls within the remit of the Bundesministerium der Justiz and für Verbraucherschutz… -
IP Cases & Articles
G4/19: double patenting
As we previously reported, the Enlarged Board of Appeal recently issued a decision on G4/19, which addresses whether the EPO is permitted to refuse a European patent application on the basis of double patenting.
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