Header graphic for print
LimeGreenIP News

Tag Archives: acquired distinctiveness

Federal Circuit revives Converse’s Chuck Taylor trademark and infringement claims

In a recent decision that illustrates the relevance of timing in evaluating the question of secondary meaning, the Court of Appeals of the Federal Circuit breathed new life into Converse’s “Chuck Taylor” sneaker design trademark by vacating an earlier ruling by the International Trade Commission (ITC) invalidating protection for that same mark. Background Relying upon

Mexico – Trademark law reform enters into force

On August 10, the Mexican Trademark Law Reform came into force. As reported in our previous posts, the Trademark Reform brings a range of largely positive changes for brand owners, including: protection of “non-traditional marks”, namely holographic signs, sound and smell marks mandatory acceptance of consent letters and coexistence agreements refusals on descriptiveness/lack of distinctiveness may

UK & EU Focus on non-traditional trade marks and overcoming the hurdles

Since its inception, the harmonised national EU trade mark legislation – and later the EUTM system – has opted for a flexible approach to non-traditional trade marks. In principle “any sign” capable of indicating origin may constitute a trade mark, resulting in several non-traditional marks being registered. These include colours, shapes, sounds, smells, patterns, holograms,

Getting a 3D mark in Vietnam – Overcoming refusals and an industrial design comparative.

The National Office of Intellectual Property in Vietnam (“NOIP”) has granted a significant number of trade mark registrations for 3D marks. Recently there are around 1-3 3D marks granted each month, but unfortunately there is no specific information on the number of 3D marks in Vietnam to date. In comparison with other non-traditional signs such

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

Germany’s highest court rules on apps and weather

Mobile apps are generally worthy of title rights protection, said the German Federal Supreme Court (BGH) in a ruling last week. However, these unregistered rights must cross a certain threshold of distinctiveness to qualify for protection – just like their big brothers, registered trademarks. The claimant’s app and domain name “wetter.de” was held not to