About Mélanie VILLANOVA

Posts by Mélanie VILLANOVA:

Finding the right balance: The importance of the right measure regarding the distinctiveness of a position trademark (T-184/17)

Leifheit AG filed a position trademark application described as follows: « the position mark is composed by four green squares apposed on the down face of a balance, in each corner, close to the border. » The trademark claims class 9, namely scales. This trademark has been refused by the EUIPO considering its lack of distinctiveness. Indeed,…

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That’s bananas? The limit of the monopoly on a concept for trademarks (EUIPO Decision Apple Inc vs Banana Computer (B2831439))

Apple Inc. filed an opposition action against the word & device trademark BANANA Computer, claiming services in classes 35 and 36 arguing that as both signs refer to fruits and the reputation of the prior mark is well known, a risk of confusion exists. The Opposition division rejected these arguments.   DECISION The first ground…

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