In a decision likely to be welcomed by owners of 3D trade marks, the EU General Court has ruled that the shape of Guerlain’s Rouge G lipstick “is uncommon for a lipstick and differs from any other shape existing on the market”. The Court reversed the Board of Appeal’s finding, and found the shape could be registered as an EU trade mark. Guerlain applied for an EU trade mark (pictured) in September 2018 for “lipsticks” in class 3. It was rejected by the examiner under Article

A recent decision of the EU General Court looks like good news for celebrities. The singer Miley Cyrus had applied to register her name as an EUTM, but the EUIPO Board of Appeal found that there was a likelihood of confusion with an earlier figurative registration for CYRUS (pictured). In its judgment on 16 June, the General Court reversed that finding (Case T-368/20). The Court found that it was uncontested that Miley Cyrus is well known and “a public figure of international

Is there a likelihood of confusion between the figurative signs pictured below (PANTHÉ and PANTHER) for “Clothing; Headgear” in Class 25? The EU General Court said "No". In doing so, they upheld a decision of the EUIPO Board of Appeal. The case is El Corte Inglés v EUIPO/MKR Design Srl (Case T-117/20). The judgment was published on 10 February 2021. So what happened? Spanish retailer El Corte Inglés opposed an EUTM application for the sign listed above (PANTHÉ) which was file

"Unless familiar with the law of registered trade marks, you might think that it is relatively straightforward. Regrettably, you would be wrong." So begins, Carr J's latest trade mark judgment in the English High Court - Pathway IP SARL v Easygroup Ltd [2018] EWHC 3608. This case was a High Court appeal from a successful application by EasyGroup to revoke two trade marks for non-use.  The mark in question was"easyoffice" in various fonts and coloured backgrounds. The main poi

On 18 October 2018, it was the annual IBIL and MARQUES event - Question the Trade Mark Judges this time in UCL's snazzy new lecture theatre. This year the judges were: HHJ Melissa Clarke (Senior Circuit Judge, Designated Civil Judge for Thames Valley, Beds & Herts) Judge Octavia Spineanu-Matei (General Court, Court of Justice of the European Union) The Hon Mrs Justice Vivien Rose Harri Salmi (EUIPO Boards of Appeal member) The debate was meant to be chaired by The Rt Hon Prof