Does disclosure of the image of an entire product give rise to unregistered Community design rights in respect of individual components or parts of the product? The Advocate General says „Yes!“ in Case C-123/20

[Gert Würtenberger] Under certain prerequisites Community Design Law grants rights to designs which are not registered as Community designs. These rights are valid for a period of three years as from the date on which the design was first made available to the public within the Community (Article 11 Para. 1 of Council Regulation (EC) […]

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Lipstick as a trademark? Why not says the General Court

[Tanja Wittmann] According to a press release of 14 July 2021, the General Court of the European Union (GC) rendered a judgement in Case T-488/20 Guerlain v EUIPO allowing the shape of a lipstick for registration. Guerlain filed an application for registration of the following three-dimensional EU trademark: The EUIPO Examiner rejected the application for […]

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Judgment of the General Court in Case T‑510/19

In 2013, the Italian company Gemma Group Srl (Gemma) filed an application for registration of an EU trade mark with the EUIPO for “Machines for processing of wood; machines for processing aluminum; machines for treatment of PVC” (Class 7 Nice Agreement) for the following figurative sign: On 8 July 2013, Puma SE (Puma) filed an […]

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Joined cases C-449/18 P and C-474/18 P

[Tanja Wittmann] In a press release, the Court of Justice of the European Union reported on its judgment of 17 September 2020 in Joined cases C-449/18 P EUIPO v Messi Cuccittini and C-474/18 P J.M.-E.V. e hijos / Messi Cuccittini. In the meantime, the judgement is available in Spanish and French.

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Judgement of the General Court in case T‑105/19 – Designs as trademarks

[Gert Würtenberger] While (registered) designs are only protected for a limited time the possibility to obtain trademark protection for a design is attractive. According to (harmonized) European Trademark Law it is sufficient that a design to be registered as a trademark can be represented in a manner which enables the competent authorities and the public […]

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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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