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Tag Archives: EUTM

New on LimeGreen IP know-how: EUTM opposition, invalidity & revocation guides following legislative reform

We´ve added guides to European Union Trade Mark procedures to our existing jurisdictional guides on trademark Opposition, Invalidity and Revocation. Who can file such proceedings, where and when? Can proceedings be avoided through amicable settlement? We cover these issues and more taking into account changes which came into effect on 1 October 2017 as a result of the second wave of the Legislative

European Commission paper on Brexit and IP

The European Commission has released a position paper on “Intellectual property rights (including geographical indications)” giving us the first indication of how the Commission will approach the Brexit negotiations with the UK regarding Intellectual Property Rights (“IPR“). The Commission has set up a Taskforce on Article 50 negotiations with the United Kingdom to prepare the

EU/U.S. – Trademark Protection: Recorded comparative session

Last month we gave a Trademarks and Brands webinar focusing on European Union Trademark Protection. In this webinar, Pan-European trademark attorney, Julie Schmitt, and United States trademark attorney, Valerie Brennan, highlight the differences between trademark rights acquisition, protection, and enforcement in the EU and the U.S. They also touch on hot topics in EU trademark law, such as the

IP Enforcement Focus : Europe – Quarterly round-up

IP Enforcement Focus is our series of written, video and audio posts which plug into your current European enforcement issues. These posts cover IP related court cases as well as relevant political and economic developments in this area. Over the last quarter, we have published 12 summaries of key IP enforcement developments, including 4 v-logs. This roundup outlines each commentary with a link

Not so unitary after all? Cease & desist and damages claims law in EUTM infringements

The Higher Regional Court of Frankfurt recently ruled on the territorial scope of cease and desist claims and the law applicable to damages claims in a case where infringing acts occurred in several EU Member States (Higher Regional Court of Frankfurt, case ref. 6 U 4/15). Generally, the EU trademark regulation provides unitary protection of

A post–Chronopost post: CJEU on territorial scope of EUTMs

The CJEU returns to the consequences of the unitary character of EU trade marks in its recent combit / Commit ruling of 22 September 2016. The court confirms the principles it had laid down in Chronopost in 2011: The aim of protecting the trade mark functions trumps territoriality. Or, in other words: If the use

EUIPO: Fast-forward button and single member decisions for appeals

EUIPO’s Boards of Appeal have recently introduced expedited appeal proceedings to deal with urgent cases. Requests for this option can be submitted by appellants together with the statement of grounds or, for defendants, with their reply. It appears unlikely that the Boards will set expedited proceedings of their own motion. As to formalities, there’s no

EU trade mark reform – To renew or not to renew…

In our previous post we mentioned that the renewal fee situation for EUTMs was no longer clear, and that we considered the approach put forward by OHIM in its draft guidelines to be incorrect. We are pleased to report that the situation has now been clarified.  OHIM has today published a President’s Communication confirming that:

EU trade mark reform update

In our previous post we mentioned that brand owners should consider deferring renewals of EUTMs until after the introduction of the new EUTM Regulation where possible to save money. Unfortunately, the renewal fee situation is no longer clear.  The new Regulation will enter into force on 23 March 2016. However, OHIM has issued draft guidelines

Europe: Green light for European TM reform

Today, the European Commission published the new Trade Marks Directive (governing national trade marks across the EU) and the new Community Trade Mark Regulation (governing EU wide trade marks) in the EU Official Journal (L 341). These texts aim to make EU trade mark law fit for the challenges of business in the 21st Century. 

EU trademark reform: on your (trade)marks…get set…go!

Yesterday the European Parliament approved the biggest change in European trademark law in the last 20 years.  Comprising a new Trade Marks Directive (governing national trade marks across the EU) and a new Community Trade Mark Regulation (governing EU wide trade marks), it aims to make EU trade mark law fit for the challenges of