News

Germany: Costs in Trademark Opposition Proceedings

The general rule in German opposition proceedings is that each party bears its own costs. But what are the exceptions? A recent decision by the Federal Patent Court shows once more how difficult it is to obtain a decision ordering one party to bear the costs of another (decision of the Federal Patent Court of …

Haven’t heard of the European Union Intellectual Property Office yet?

Then it’s time to familiarize with the amended Community trademark System! The Regulation (EU) No. 2015/2424 amending the Community trade mark regulation will enter into force on 23 March 2016. The full text can be found here. It brings a few changes to the current Community trademark system. One of the most notable changes is …

Germany: May product search on Amazon amount to trademark infringement by Amazon?

The Higher District Court of Cologne held in preliminary injunction proceedings that use of a distinctive trademark on amazon.de for displaying other comparable products not originating from the trademark owner may be a trademark infringement (decision of 20 November 2015 on Case 6 U 40/15). Please see my blog post on this interesting decision on …

Proof of use before OHIM

The General Court of the European Union (GC) affirmed in its decision of 4 June 2015 in Case T-254/13 that the Board of Appeal had lawfully exercised the discretion granted by Art. 76 (2) CTMR to take account of lately filed evidence of use, although the further documents submitted only before the Board of Appeal …