On 19 March the EU and the UK agreed the terms of a Brexit transition period ending on 31 December 2020. An updated colour-coded version of the EU’s Draft Withdrawal Agreement was published by the negotiators indicating which articles are provisionally agreed (highlighted in green), agreed from a policy perspective but subject to the drafting
On 28 February 2018, the European Commission published the draft Brexit Withdrawal Agreement between the EU and the UK. The paper is, of course, only a draft and the UK government has not yet commented on or agreed to any of its terms but it is the first time we have had a concrete statement
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.
In a recent appeal, China’s Supreme People’s Court (“SPC“) found in favour of Michelin against Sen Tai Da and related parties (“Sen Tai Da“) for trademark infringement. The SPC’s decision is significant in that it authoritatively confirms the emerging trend to take the reputation of a mark into account when determining the level of the
The Court of Justice of the European Union (“CJEU”) clarified in a landmark judgment that if reputation of an earlier CTM is established in one EU country, image transfer and extended protection are possible in another, provided that a commercially significant part of the relevant public there is familiar with the trade mark. OHIM gave
European General Court considers that a reputation of “exceptional strength” can lead to an image transfer within the meaning of Article 8(5) CTMR even for dissimilar goods. The Tea Board brought oppositions against four Community trade mark applications for figurative signs containing the word DARJEELING in classes 25, 35 and 38 in the name of
If existing commercial use of a trade mark application shows the applicant’s intention to offer parasitic copies, examples of such use can be valid evidence for the taking advantage of the repute of an earlier trade mark says the General Court (judgment of 11 December 2014, Case T-480/12, Coca Cola v. OHIM / Mitico). In
(Judgment of 8 May 2014 in Case T-327/12, Simca Europe Ltd. v. OHIM / GIE PSA Peugeot Citroën (SIMCA)) The General Court confirms that applying to register a once famous and now unused trademark can amount to bad faith where the unused earlier mark has residual goodwill/surviving reputation. In 2007, Mr Joachim Wöhler applied to