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European trademark or national trademark…That is the question ! 2

European trademark or national trademark…That is the question ! 2

Today, adopting a European trademark “mechanically” can have consequences that would be best to be anticipated.

This article attempts to provide answers to the following questions:

  • Is the EU trademark the best cost/protection ratio?
  • Can the Community trade mark may serve as the basis for an international application filing?
  • Does use in a country alaways make it possible to thwart
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Collective/ Certification Trademarks : the new deal of the French “PACTE” law

Collective/ Certification Trademarks : the new deal of the French “PACTE” law

Law No. 2019-486 adopted on May 22, 2019 known as “PACTE law” relating the growth and transformation of companies, reforms the very specific organization of trademarks formerly known as “simple collectives” and “certification collectives”.

Beyond a simple change in terminology which now distinguishes “collective trademarks” and “guarantee trademarks”, this is an upheaval on the subject of authorized holders: the guarantee … Read the rest

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CHAMPAGNOLA – Another win for Protected Designation of Origin against evocation with respect to non-comparable goods and services

CHAMPAGNOLA – Another win for Protected Designation of Origin against evocation with respect to non-comparable goods and services

On 17 April, the Board of Appeal of the European Intellectual Property Office (EUIPO) issued an important decision clarifying the extent of evocation in relation to a Protected Designation of Origin (PDO). In this decision, the Board of Appeal upheld the Comité Champagne initial opposition and stated that the contested EUTM application CHAMPAGNOLA must be rejected for all the goods … Read the rest

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Does the use of a company name or a trade name worth be a trademark use?

Does the use of a company name or a trade name worth be a trademark use?

In the same vein that the judgment about the trademark Grand Frais, the Cancellation Division of the EUIPO has recently confirmed the cancellation for non-use of the trademark Cactus, a trade name for a supermarket, for cosmetic products. If the use as company name and trade name is admitted, no serious use in the meaning of the trademark law is … Read the rest

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The 9 key points for the launch of your online wine sales site

The 9 key points for the launch of your online wine sales site

In these times of confinement, many operators in the wine sector are studying the possibility of developing their own e-commerce site to sell their wines, faced with the disruption of traditional physical outlets (restaurants, wine merchants, etc.). In order to help you take the step in the best conditions, here are the 9 key points that will require particular vigilance.… Read the rest

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Is there any interest in protecting Chinese character marks in the European Union?

Is there any interest in protecting Chinese character marks in the European Union?

According to the EUIPO’s 2018 Annual Report, China is ranked third among the top 10 filing countries (which represent 71.71% of total filings in the European Union). The European Union remains one of the biggest territories of interest for Chinese applicants after the United States and South-East Asia.

We recently noticed a growing demand from Chinese companies for … Read the rest

General Court maintains strict approach to assessment of distinctive character

General Court maintains strict approach to assessment of distinctive character

This article first appeared on WTR Daily, part of World Trademark Review, in (February/2020). For further information, please go to www.worldtrademarkreview.com.

On 5 February 2020 the General Court issued its decision in Hickies Inc v European Union Intellectual Property Office (EUIPO) (Case T‑573/18).

Background

On 5 July 2017 Hickies Inc (‘the applicant’) filed an application for the following three-dimensional … Read the rest