The IPKat BLOG – Page 72

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TOUR DE FFRANCE vs. TOUR DE FRANCE A LA RAME : Reputation of TOUR DE FRANCE limited to cycling competitions

http://ipkitten.blogspot.com/2023/11/tour-de-ffrance-vs-tour-de-france-la.html This Kat was made aware that last summer, during the 2023 Tour de France, the Paris Court of Appeal handed down a ruling concerning this very cycling competition. What a coincidence, this Kat thought! More specifically, the Court of Appeal considered the question whether the “TOUR DE FRANCE” trade... Continue reading
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[Guest post] Dutch IP battle about the hyped “Crompouce®”- a croissant-tompouce hybrid

http://ipkitten.blogspot.com/2023/11/guest-post-dutch-ip-battle-about-hyped.html The IPKat has received and is famished delighted to host the following guest contribution by Katfriends Robbert Sjoerdsma and Annelotte Boot (both Holla Legal & Tax) regarding a dispute concerning the … Crompouce®. Wondering what a crompouce is? Then read on! Dutch IP battle about the hyped “Crompouce®”- a... Continue reading
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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