The IPKat BLOG – Page 22

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How distinctive are faces?

http://ipkitten.blogspot.com/2023/11/how-distinctive-are-faces.html There are three things I always forget. Names, faces and… the third I can’t remember. This quote from the Italian writer Italo Svevo could have been the motto of the EUIPO when it rejected the trade mark applications for real-life pictures of the faces of Dutch models Puck Schrover... Continue reading
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Grana Padano: PDO and collective mark protections can be cumulative in the EU (R 1073/2022-5)

http://ipkitten.blogspot.com/2023/11/grana-padano-pdo-and-collective-mark.html In a recent decision (R 1073/2022-5) that helps to clarify the relationship between EU collective marks and protected designations of origin (PDOs), the Fifth Board of Appeal of the EUIPO (the Board) held that the Grana Padano Protection Consortium (GPPC) could benefit from both a collective mark registration and a PDO... Continue reading
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Clarity on the interpretation of G2/21 from the referring Board (T 0116/18)

http://ipkitten.blogspot.com/2023/11/clarity-on-interpretation-of-g221-from.html The full written decision of the Board of Appeal in T 0116/18, the referring Board to G2/21, was published today. Whilst we have already had a number of Board of Appeal decisions interpreting G2/21 (IPKat), the decision in T 0116/18 provides the most comprehensive analysis so far. The Board of Appeal’s interpretation of G2/21 in T 0116/18 is also fascinating for its... Continue reading
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Can geometric signs on footwear be distinctive? Yes, says EUIPO

http://ipkitten.blogspot.com/2023/11/can-geometric-signs-on-footwear-be.html By decision of 9 October 2023, the Board of Appeal (BoA) of EUIPO annulled the initial refusal to register a position trade mark for footwear. After noting that consumers are accustomed to the presence of geometric signs in the footwear sector, the Board of Appeal ruled that the contested... Continue reading
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[Guest post] Retromark Volume XIII: the last six months in trade marks

http://ipkitten.blogspot.com/2023/11/guest-post-retromark-volume-xiii-last.html Darren Meale of Simmons & Simmons presents the thirteenth volume in his rundown of notable trade mark cases over the past six months. Over to Darren: Retromark Volume XIII: the last six months in trade marks by Darren Meale I can only apologise for having again taken longer than... Continue reading
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[Guest post] Dutch Supreme Court: when due cause has already been established, no further assessment of (dis)honest practices is required

http://ipkitten.blogspot.com/2023/11/guest-post-dutch-supreme-court-when-due.html The IPKat has received and is pleased to host the following contribution by former GuestKat Jan Jacobi and Jarieke Timmerman (both BarentsKrans) on a recent decision of the Dutch Supreme Court regarding the notion of ‘due cause’ within the context of enforcement of trade marks. Here’s what Jan and... Continue reading
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Referral on description amendments moves one step closer (T 56/21)

http://ipkitten.blogspot.com/2023/11/referral-on-description-amendments.html We have moved one step closer to a referral to the Enlarged Board of Appeal on description amendments. As previously reported, in appeal case T 56/21 the Board of Appeal invited the applicant (Roche) to request a referral to the EBA on the question of compulsory adaptation of the description in line... Continue reading
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Friday Fantasies

http://ipkitten.blogspot.com/2023/11/friday-fantasies.html While those of us in the northern hemisphere are becoming grumpier with the shorter days, there is still reason for cheer: this past week has brought an abundance of IP news and opportunities for readers. Living in sunny Australia, Chewbacca has no excuse for his grumpiness © Madi Hapi Design... Continue reading
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EPO doubles down on opposition acceleration commitment

http://ipkitten.blogspot.com/2023/11/epo-doubles-down-on-opposition.html Accelerated EPO oppositions. The perennial topic of anguish, anger, anxiety, annoyance, etc amongst patent attorneys and litigators, alike. With the Unified Patent Court (UPC), a new dimension arrives. Patent litigation strategists are not just plotting out their timelines of national proceedings v EPO, but also the UPC. The UPC... Continue reading
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Limitation period for copyright infringement actions in France

http://ipkitten.blogspot.com/2023/11/limitation-period-for-copyright.html This Kat always eagerly awaits decisions from the French Cour de Cassation, so he was delighted to find out about an important recent decision on copyright (Cour de cassation, 1st Civil Chamber, 15 November 2023, n° 22-23.266). The judgment focuses on a procedural aspect, namely the limitation period for... Continue reading