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Following the publication of the EU Trade Mark Directive and Community Trade Mark (CTM) Regulations Regulation (EU) No 2015/2424 (the Amending Regulation), CTM practice is set for a number of important changes.
The initial changes come into effect on 23 March 2016, with further changes to follow. We highlight below the key points which we think you should be aware of: (more…)
On 14 October, Coca-Cola Company (“Coca Cola”) filed an opposition against the application based on four of its earlier figurative CTMs; (more…)
The following case review of T53/13 first appeared in the ITMA review.
Vans applied to register the mark in question (see right) in Classes 18 and 25 on 14 September 2011 (No. 010263838), which was refused on 7 March 2012 on the basis of Article 7(1)(b) as the mark “consisted of a wavy line which slants and curves” and was devoid of distinctive character. Evidence to show acquired distinctiveness had a number of gaps such that it was held not to be possible to ascertain the degree of recognition by the relevant public.
The appeal filed on 2 May 2012 was dismissed by the Fifth Board of Appeal (BoA) on 14 November 2012. The BoA held that the mark was devoid of any distinctive character as the average consumer would see the mark as a “concept of a wavy line”, which is too vague as a badge of origin. Graphic line stripes are common in respect of goods in Classes 18 and 25, such that the relevant public would view the mark as “exclusively ornamental”. Also, the existence of earlier national registrations was irrelevant and evidence regarding acquired distinctiveness insufficient.
The action to the General Court (Fifth Chamber) was filed on 31 January 2013. (more…)
On 4 March 2011, Alma-The Soul of Italian Wine LLP (‘The Applicant’) filed a Community trade mark (‘CTM’) application for a figurative mark “SOTTO IL SOLE ITALIANO SOTTO il SOLE” in respect of ‘wines’ in Class 33. Miguel Torres, SA filed an opposition against the above-mentioned mark based on its earlier trade marks, inter alia, CTM VIÑA SOL in Class 33, under Article 8(1)(b) and (5) of Regulation No 207/2009. The Opposition Division upheld the opposition and the Applicant filed an appeal with OHIM against the decision. (more…)
On 24th November 2014, the Office for Harmonization in the Internal Market (OHIM) introduced a “Fast Track” application process for European Union (CTM) trade marks. This allows for certain trade mark applications to be processed, examined and – if accepted – published much faster than under the current examination turnaround times. The typical “fast-track” publication is expected to take only 3-4 weeks from the filing date of the application, if no objections are raised. (more…)
In this case review, which was first published in the June issue of the ITMA review, we look at case T-26/13 (dm-drogerie markt GmbH & Co KG v OHIM, CJEU, General Court (Third Chamber), 12 February 2014) and the assessment of likelihood of confusion between the trade marks CALDEA and BALEA.
On 22 July 2010, Semtee filed a Community Trade Mark application for the word mark CALDEA for, inter alia, “soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices” (class 3), “consultancy relating to business management of leisure premises, non-medical, making use of water, in particular heated water, for relaxation, leisure, physical maintenance of and keeping fit in the field of health” (class 35) and “personalised consultancy, advice and assistance relating to the operation of a leisure centre, non-medical, relating to water, in particular heated water, for relaxation, leisure, physical maintenance and keeping fit in the field of health” (class 44).
The application was published on 20 September 2010 and dm-drogerie markt GmbH & Co KG (“dm-drogerie”) filed a notice of opposition against registration of the mark for the above-mentioned goods and services based on its earlier international trade mark No 0894004, BALEA, in classes 3, 5 and 8 (covering, inter alia, “soaps, perfumeries, essential oils, preparations for hygienic and beauty use”) designating protection in the European Union (EU). The Applicant claimed infringement under Article 8(1)(b) of Council Regulation (EC) No 207/2009.
The Opposition Division rejected the opposition and dm-drogerie filed a notice of appeal with OHIM against the decision. (more…)
Following on from our recent blog item detailing the changes in dealing with colour marks at the UK IPO and OHIM, we would like to now consider how these decisions will affect our filing practice in respect of new trade mark applications.
Previously, it was common practice to file for a trade mark in black and white, or grey scale, in order to obtain the broadest protection possible. It was accepted that a mark registered in black and white would allow the proprietor to use the mark in colour and maintain protection. Essentially, it allowed for one application to be filed in black and white, instead of numerous applications for various colour combinations. (more…)
The ITMA London Evening Meeting ‘OHIM & IPO Case Update’ given by Amanda Michaels and Charlotte Scott of Hogarth Chambers took place yesterday and was attended by a number of people from Keltie. Some particular subjects of note that were discussed at the meeting were the Lifestyle Supplies v Ultimate Nutrition Inc case and the Common Communication on the Common Practice of the Scope of Protection of Black & White Marks.
A new OHIM website was recently released to some fanfare. According to the Alicante Newsletter: “The site has been developed in collaboration with users, who have tested its functionalities and provided valuable feedback through the development process”.
Unfortunately however it seems as though the online filing functionality was one area where the site testing may have been a little lacking. There have been some reports appearing online about technical issues (here and the 11 December entry here) and the OHIM website itself has carried a number of announcements regarding this matter. However, based on some recent experiences that we have been made aware of IPcopy wonders if the new OHIM site is currently fit for purpose? (more…)