News
No excuses! Banking institutions cannot refuse to provide information based on banking secrecy
The German Federal Supreme Court clarified in its decision of 21 October 2015 that a bank cannot refuse to provide information on the owner of an account used for trademark infringing activities based on the banking secrecy (Judgment in Case I ZR 51/12 – Davidoff Hot Water II). Prior to this decision, German Courts rejected […]
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 […]
No trademark protection for „TOUCHING HEARTS, CHANGING LIVES”
Whether trademark protection may be obtained for a slogan, remains difficult to be predicted. In this case, the refusal of the Community trademark application for “TOUCHING HEARTS, CHANGING LIVES” was confirmed by the Fourth Board of Appeal at the Office for Harmonization in the Internal Market (“OHIM”). The applicant had filed the Community trademark application […]
No trademark protection for the slogan “Pioneering for You”
In its decision of 12 December 2014 on Case T-601/13, the General Court of the European Union (“GC”) confirmed the refusal of the Community trademark application for “Pioneering for You”. The applicant filed a Community trademark application for the word mark “Pioneering for You” for goods in Classes 7, 9 and 11 and services in […]
Extent of protection of CTMs prior to ECJ’s „IP Translator“-decision
Does a CTM registered before 21 June 2012 for all class headings protect only those class headings in the literal meaning or does it protect all goods/services in the alphabetical list of this class? The General Court (GC) had to decide on 30 September 2014 in case T-51/12 on a request for revocation for the […]
Take care when using third party trademarks as meta-tags or titles on your webpage
The Higher District Court of Frankfurt had to deal in its decision of 31 March 2014 (Case ref.: 6 W 12/14) with the question under which circumstances the use of a third party trademark by a reseller as meta-tag or title of a webpage may constitute a trademark infringement. Generally everyone who resells goods which […]