Medinet case: the relevance of colour in the comparison between trademarks
The UE General Court, in the case T-378/11 regarding Medinet trademarks, took position on the relevance of colour in the perception of the relevant public. Franz Wilhelm Langguth Erben & Co filed an application for registration of community figurative trademark, claiming — pursuant to Article 34 of Regulation No 207/2009 (CTMR) — the seniority of earlier national and international figurative marks, representing a gold cross containing the word element Medinet.
The Examiner refused the claim of seniority of the earlier national and international marks since the Community trademark applied for did not designate any specific colour, whereas the earlier national and international marks were golden in colour…
If you are registered and logged in to the site, click on the link below to read the rest of the NCTM briefing. If not, please register or sign in with your details below.
News from NCTM
Briefings from NCTM
One of the EPO Boards of Appeal has ruled on the highly debated issue of human stem cell patentability under the European Patent Convention.
On 7 February 2014, the European Court of Justice (Case 98-13) issued a ruling pertaining to the interpretation of Council Regulation (EC) no. 1383/2003.
Analysis from The Lawyer
Being sent to London on secondment is a prized opportunity for associates in European firms