EU Court of Justice rules against referral to pre-determined percentages relating to the degree of recognition of the mark
With its decision rendered on 18 June 2014 (Joined Cases C-217/13 and C-218/13), the EU Court of Justice had the opportunity to clarify a set of crucial issues regarding the distinctive character of colour marks, in particular pertaining to: (i) the relevancy and scope of the possible referral to consumer surveys in the assessment of the mark’s distinctiveness acquired through use; (ii) the time when distinctive character must be proved to be existing in order to avoid a declaration of invalidity of the mark; and (iii) the party who has to bear the burden of proof with respect to the ascertainment of a distinctive character acquired through use.
The questions remitted to the EU court came from two pending German cases where a validity challenge was raised vis-à-vis a trademark consisting of a contourless red colour of a certain tone, registered for banking services by an established German bank…
Click on the link below to read the rest of the NCTM briefing.
News from NCTM
News from The Lawyer
Briefings from NCTM
Geographical indications (GIs) for foodstuffs are protected under European law, while GIs for non-foodstuffs are not protected under EU law. Should we keep this difference?
In the last couple of days, the Financial Times and The New York Times have published important articles on Russia and China. The articles don’t pull their punches.
Analysis from The Lawyer
Being sent to London on secondment is a prized opportunity for associates in European firms