The CJEU have recently issued a judgment in Case C-456/19, referred from the Swedish Patent and Market Court of Appeal. The case centred on whether a trade mark consisting of colour combinations, intended to be systematically affixed to goods used to deliver the services covered by an application, must depart significantly from the norms and customs of the commercial sector in order for the trade mark to have distinctive character. This is a test which has been applied in relation to 3D trade marks but we have not seen it applied to these type of colour combination marks before.
Insights: Branding & Design
The rules governing address for service for intellectual property rights in the United Kingdom will change after the UK exits the European Union on 1 January 2020. Subject to legislative implementation, which is expected this week, from 1 January 2021 the UKIPO will no longer accept addresses in the EEA as a valid address for service. As a result, any party wishing to file an application for a trade mark, patent or registered design will need to appoint an address for service within the UK, Gibraltar or the Channel Islands.
The Court of Justice of the European Union (“the CJEU”) has recently issued a judgement concerning the genuine use of Ferrari’s German TESTAROSSA trade mark registrations. This judgement was a positive outcome for Ferrari, and is particularly beneficial to owners of legacy and heritage brands.
The solar energy industry has seen an extremely rapid development in the past decade. In 2019 alone, we saw over 140 GW of new photovoltaic (PV) power generation capacity installed, leading to the total global PV power generation capacity of 583.5 GW (580.1 GW on-grid and 3.4 GW of off-grid ) at the end of 2019. This means more than one fifth of renewable energy in the world today is generated by PV technology.However, whilst it is only in recent years that we have witnessed a dramatic improvement of the technical and economic feasibilities of PV power generation, it should be remembered that such improvement is an achievement enabled by nearly two centuries of technical and commercial development.
In March 2013 the mark was granted registration under EUTM No 010914836 in Classes 9, 20 and 35. The protected goods included “Smart phones, Mobile computing devices, tablets” and “Furniture”, while the services included the retailing, wholesaling and mail order of these and other goods. On 29 February 2016, Samsung Electronics GmbH (“Samsung”) applied for a declaration that the registration was invalid on the basis that the mark was non-distinctive and descriptive in relation to all of the protected goods and services. However, the Cancellation Division rejected Samsung’s application and the registration was maintained. The Cancellation Division found that the term “SMART THINGS” was descriptive, and noted that the figurative element “:)” (“the emoticon”) is ubiquitously used as a smiley in society at large, including in business, and has positive connotations. However, the Cancellation Division held that the emoticon endowed the mark with at least a minimum of distinctive character and meant that the mark as a whole was not purely descriptive.
There were 85 invalidity decisions issued between 1 July 2020 and 30 September 2020. 41 invalidity actions (48%) were successful, meaning that the contested registered Community design was invalidated by the Invalidity Division. 44 invalidity actions (51%) were unsuccessful, meaning that the application for a declaration of invalidity was rejected and the RCD was maintained as registered.
We consider invalidity decisions issued by the EUIPO during the second quarter of 2020, from 1 April 2020 to 30 June 2020. Registered Community designs (RCDs) protect the shape and appearance of new products across the whole of the EU. Since national court decisions on RCDs are rare, decisions by the EUIPO’s Invalidity Division help us to understand how the validity of an RCD is interpreted.
OFF-WHITE wins its appeal at the General Court to register the OFF-WHITE black and white logo trade mark
OFF-WHITE has won its appeal at the General Court to register the OFF-WHITE black and white logo trade mark in the EU following the decision of the EUIPO that the mark is inherently descriptive and non-distinctive.