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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

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The application of the LCEN to a request for the blocking of sites infringing trademarks

The application of the LCEN to a request for the blocking of sites infringing trademarks

In this decision, the Court of Paris was asked to rule on the question whether the owner of an online counterfeit trademark could base his request to block websites on the basis of Article 6.I.8 of the LCEN or whether, according to the adage “Specialia generalibus derogant”, the existence of a specific basis in trademark law prohibits the application of Read the rest