Is the decision by the Executive Director of the EUIPO regarding extension of time limits in the context of the coronavirus outbreak (COVID 19) legally valid in every respect?

|Tanja Wittmann| In the context of the coronavirus outbreak, the Executive Director of the European Union Intellectual Property Office (EUIPO) – with Decision No EX-20-3 of 16 March – extended all time limits expiring between 9 March 2020 and 30 April 2020 until 1 May 2020. In practice, the time limits will expire on 4 […]

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International Jurisdiction in Cases of Infringement of Union Trademarks

|Gert Würtenberger| Trading platforms for marketing are tools that are gaining more and more importance. For this reason, it is quite obvious why infringements of rights such in designs and trademarks very often occur through promotion and distribution activities via platforms. As the same are accessible worldwide whereas the placing of infringing goods may occur […]

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Infringement of a Union trademark – Where to sue?

|Gert Würtenberger| According to Article 97 V of the European Union (EU) Trademark Regulation 2017/1001, proceedings in respect of actions and claims connected with infringements of Union trademarks may also be brought before the courts of the Member State in which the act of infringement has been committed or threatened. Exempted from that possibility are […]

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Genuine Use of a Registered Trademark – Decision of the Second Board of Appeal of 23 October 2019 in Case R 767/2019-2

|Gert Würtenberger| A Union trademark that has been registered for more than five years is subject to the user requirement in order to safeguard its enforceability in opposition and/or infringement proceedings (as regards proof of use in opposition proceedings, see Article 47(2) EUTMR). Whether genuine use has occurred is, according to established case law, to […]

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Use of a figurative trademark

|Gert Würtenberger| According to the observations of the author of this Blog contribution, cancellation proceedings in relation to Union trademarks having been registered for more than 5 years are steadily increasing. This is not astonishing bearing in mind that the Union trademark system exists now for more than 20 years.

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Combination of two colours to be protected as trademarks – Regulation No 207/2009 – Article 4 and 7 (1)(a)

|Gert Würtenberger| While the European Union Trademark Regulation mentions in particular colours to be protected as trademarks, it is difficult to achieve their registration due to a number of aspects: – distinctiveness may be a problem as colours very often have a merely decorative or functional purpose; – their limited number, with the consequence that […]

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