Search results for

Contrary to the very strict approach at the EPO in the situation in opposition proceedings referred to as the inescapable trap (where the patentee is squeezed between Article 123(2) and Article 123(3) EPC), which almost exclusively leads to the revocation of a European patent, Germany's Federal Supreme Court (BGH) has established a more liberal practice of dealing with such a situation for national German patents (see in particular the BGH's decision Xa ZB 14/09 Winkelmesseinrichtung).

The multi-member Civil Court of Athens recently issued an interesting judgment regarding the criteria when comparing composite trade marks covering pharmaceutical products and consisting of words and coloured devices. The dispute in question referred to a main lawsuit filed against a Greek company regarding infringement of the famous trademark Aspiring. The plaintiff claimed that the colour combination of green and white with black lettering is widely recognisable by consumers as an essential element of its Aspiring product marking and that this combination is associated with the plaintiff. The infringing product was a pharmaceutical product for the relief of pain, antipyretics and analgesic which circulated in the market in a packaging bearing the colours green and white with black lettering and under a different word mark.

When it comes to protecting new technologies, it may be difficult to decide between trade secret and patent protection.

In Dutch court practice, an appeal is of a devolutive nature, that is in appeal the case is reconsidered as a whole. However, in a recent interlocutory decision (November 3 2015, High Point v KPN), the Appeal Court in The Hague found that the patentee was not entitled to further limit his claims.

Would you recognize the commercial origin of the illustrated chocolate bar? In 2010 Nestlé filed a trade mark application for this 3D sign but only in the United Kingdom. Its protection under trad mark law has been an obstacle course for its manufacturer ever since.

In BGW v Bodo Scholz (Case C-20/14), BGW Beratungs-Gesellschaft Wirtschaft opposed the younger mark BGW Bundesverband der Deutschen Gesundheidswirtschaft at the German Patent Office. The Office upheld the opposition brought by BGW in part and partially cancelled the registration of the later mark on account of likelihood of confusion between the two marks at issue. BGW's senior mark is pictured.

The prosecution of trade mark applications under the Madrid Protocol is increasingly common among foreign clients. However, as far as it concerns to Mexico, there are some disadvantages for Madrid users:

During the 47th session of its assembly, held from October 5 to 14 2015, the PCT Union reviewed the supplementary international search system.

The European Commission is pushing ahead with the digital single market, despite serious concerns in the audiovisual industry. James Tobias sets out the developments so far, and what is likely to happen next

When registering a trade mark in Russia, the question often arises whether it is worthwhile to register a Cyrillic version of the trade mark in addition to the Latin one. The decision is with the trade mark owner who will appreciate having enlightening knowledge of what may happen in this situation though there is no hard and fast rule to decide this or that way.