On 25 January, our European team held two webinar sessions focusing on the implementation of the EU Trade Marks Directive and its impact across various Member States. If you were unable to join, the recordings are now available via registration here and here (same content but different speakers) Background On 14 January 2019, EU Member States were required to implement the Directive into national law.
In China, trade dress protection provides exclusive rights over a certain product get-up that acts as an indicator of origin. In order to qualify for protection, a trade dress must have a unique quality, rather than being common or generic, so that it can be distinguished from the get-up of other products in the market.
(Judgments of 23 October 2017 in Cases T-404/16 and T-418/16 – Galletas Gullón SA (Gullón) v EUIPO) The General Court has recently overturned two EUIPO Board of Appeal decisions which deemed Gullón’s marks as used to be different to their registered 3D trade marks shown below due to differences in the dominant elements. It held