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SPINNING out? The General Court annuls the EUIPO’s decision to revoke the trademark “SPINNING”

Background Mad Dogg Athletics Inc. (the applicant) obtained the registration of their trademark SPINNING on April 3rd, 2000, for goods in classes 9 (audio and video cassettes), 28 (exercise equipment) and 41 (exercise training). Aerospinning Master Franchising, s.r.o. (the intervenor) filed an application for partial revocation of the above trademark on February 8th, 2012 on…

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In Good Shape: The General Court Declares Pirelli’s Mark Registrable- Pirelli Tyre SpA vs. EUIPO, T-447/16

BACKGROUND The applicant, Pirelli Typre SpA, filed an application for a registration of an EU trademark on the 23rd of July 2001, for the following figurative sign in class 12: ‘Tyres, solid, semi-pneumatic and pneumatic tyres, rims and covers for vehicle wheels of all kinds, vehicle wheels of all kinds, inner tubes, wheel rims, parts,…

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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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Erotic products, happy life ends here [T‐457/17 HAPPY LIFE, Medisana AG / EUIPO, 25 september 2018]

Using a slogan as a trademark could be an original way to distinguish your products or services provided the slogan is finely formulated. Slogans such as « Just do it » (Nike) or “Because you’re worth it” (L’Oréal) obviously attract the consumers’ attention towards the goods or services concerned considering they make it easy to remember. The…

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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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