The General Court of the European Union (‘the GC’) has issued its hotly anticipated decision in Hasbro Inc. v European Union Intellectual Property Office (‘EUIPO’). This case centres on whether one or more EU trade mark (‘EUTM’) registrations owned by Hasbro Inc. (‘Hasbro’) for the trade mark MONOPOLY are invalid because Hasbro’s intentions, when re-filing a mark that was already protected by an EUTM covering the same goods/services, was to undermine the requirement to prove use of an EUTM.
Insights: IP law
In their recent decision (T1839/18), the boards of appeal re-affirmed the legality of straw man oppositions. Although this in itself is not news, we felt it offered a good opportunity to look again at the many advantages of anonymously opposing a European patent.
Brazilian IP Law previously provided that the term of a patent is the longest of 20 years from filing date or 10 years from date of grant. This ensures a minimum term of ten years from the grant date; it can be thought of, effectively, as an automatic “Patent Term Adjustment” to account for delays in prosecution by the Brazilian Intellectual Property Office.