On 24 September 2025, the EUIPO Board of Appeal issued an interesting decision regarding the ground of opposition based on the earlier mark’s reputation (Article 8(5) EUTMR). For the following signs, the EUIPO…

Cosmetics vs Pharmaceuticals – Similar Goods?The similarity of goods and services is always a decisive issue when it comes to trademark collision and infringement. Proceeding against an alleged trademark infringer…

IP Right Holders do betterFindings of the “Intellectual Property Rights and Firm Performance in the European Union” firm-level analysis report by the EUIPO (European Union Intellectual Property Office) and the EPO…

COMING UP ON 1 MAY 2025: AMENDMENTS TO EU DESIGN LAWWe recently held a webinar on the upcoming amendments to EU design law. To learn more about the new amendments, listen to our webinar recording which will be…

Virtual Goods in Focus – EU General Court’s First Ruling The General Court (GC) has issued its first-ever ruling on the distinctiveness of a trademark applied to virtual goods. The decision T11163/23 dated 11…

Has the European Union Intellectual Property Office (EUIPO) rejected your trademark application but the decision is not yet final? Consider withdrawing the application to keep the option alive to convert your…

Christmas is only a few weeks away! Now is the time for including gifts for your loved ones to your shopping lists. But as you browse through busy stores or infinite lists of products online looking for bargains,…

If you are the owner of a registered patent, trademark or design (IP rights), you have surely received communication in the past that looked like it was an invoice coming from an official source, that mentioned…

Upon examining trademark applications, national trademark offices in the EU may refuse to register a sign that is contrary to “public policy” or “accepted principles of morality”. This somewhat lesser-known…

Geographical Indications (GIs) and the upcoming changes to the EU system starting in December 2025The protection system of geographical indications (GIs) in the European Union is set to undergo changes as two new…

Protecting slogans as trademarks is becoming more difficult. The European Union Intellectual Property Office’s (EUIPO’s) Board of Appeal (BoA) has dealt with the question of  registrability of slogans as…

The EUIPO is establishing an important feature, a new initiative that they call “a ground-breaking step in global supply chain product authentication”: “EBSI-ELSA”.…

Be honest - Have you ever bought counterfeit goods or illegally consumed digital content?On 12 June 2023, the European Union Intellectual Property Office (EUIPO) published an interesting article on counterfeits…

Rims and wheels have been under discussion regarding design protection for many years.…

The significance of comprehending the scope of protection given to marks with a reputation in EU law was brought up again in a recent case. The trademark at issue in this case is unquestionably one of the most…

What a ride and wake-up call for McDonald’s. [[{"type":"media","fid":"5450","view_mode":"default","instance_fields":"override","attributes":{"style":"width: 300px; height:…

YUMMY OR DANGEROUS? PEANUT EXTASY Peanuts… Yummy! But what if the product designation does not just say „PEANUTS“, but „PEANUT EXTASY“? My first thought as a consumer would still be „Yummy“ expecting that the…

When you go out to eat and you choose a drink with your meal, would go for mineral water, wine or beer? The answer, of course, depends on your individual preferences and habits. However, when it comes to…

Subject matter and background of the actionIn its decision of 29 June 2022, the European General Court (EGC) upholds the contested decision of the Board of Appeal of EUIPO dated 6 April  2021. According to the…

The question, whether two stripes on the side of a shoe have a distinctive character or can lead to the invalidity of a trademark was subjected in the case of 4 May 2022. But how did the European General Court…