This case is a dispute between two Turkish traders in foodstuffs in Austria. It is a case of trade mark opposition proceedings so that only the registered goods count and not the market fact that these food products are…
Read more →Aug 23, 2017
On 2 August 2017 an amendment of the Austrian IP laws entered into force which considerably reduces the formal requirements for the recordal of assignments, mergers or changes of name. The new rules will apply for all…
Read more →May 15, 2017
We are pleased to announce that Dr Fabian Stanke, a graduate of the University of Vienna in the subject of Technical Physics following the successful Qualifying Examination for professional representatives before the…
Read more →According to German Patent Law the courts are bound by the grant of a patent by the respective Patent Office. In consequence thereof they cannot hold a patent as null and void: an action for declaration of…
Read more →Mar 22, 2017
Both parties in this case produce and commercialise ticket and entry systems for skiing areas, stadiums and similar establishments and have the same customer circles. The plaintiff additionally runs server installations…
Read more →Feb 21, 2017
The case reported here concerns the application for registration of a figurative mark containing the word element “FairUse” in relation to print media (class 16), services in class 35 (computer databases, computer…
Read more →Jan 13, 2017
Late last year two partners of our office,Daniel AlgeandGeorg Heger, were being interviewed by the business magazine "Forbes Austria" illuminating the professional work of patent attorneys, services for start-ups and…
Read more →Dec 30, 2016
In each of the contracting states (currently 38) of the European Patent Convention (EPC) a European patent has the same legal status as a national patent granted by that state. However, to put the European patent into…
Read more →Dec 14, 2016
Our Christmas donation 2016 was given to “Diakonie” and “Rettet das Kind”. The "Diakonie" provides asylum seekers with the basic care center Paul Weilandhaus a safe home on time. In addition, there are literacy courses,…
Read more →In a recent decision the Vienna Court of Appeals provides a fundamental new interpretation of the relevant procedural provisions in opposition proceedings. Contrary to settled case law the Vienna Court of Appeals finds…
Read more →Nov 16, 2016
Earth Wind & Fire is the name of a music band founded in 1965 by the drummer Maurice White. Since 1975 that formation has celebrated worldwide successes and earned Grammys and gold- and platinum albums. The band became…
Read more →Oct 18, 2016
In a decision published 5 July 2016 (T-167/15), the General Court of the European Union (GC) confirmed that the sign "Neuschwanstein" was fully protectable as a European Union trade mark. In 2011, the Free State of…
Read more →Aug 3, 2016
The famous Institute of Science and Technology in Maria Gugging requested cancellation of the above “IST”-mark (IM1010802) registered by a Düsseldorf based institute offering educational services in relation to sports,…
Read more →Jul 21, 2016
News that British sculptor Anish Kapoor had obtained "exclusive rights" on the colour VantaBlack® - the "blackest black" - caused quite a stir in the media early this year. Patenting colours - is this even possible? Yet…
Read more →Jul 11, 2016
In a trademark dispute concerning the use of MAGIC MOUNTAIN for tourism services and, in particular, for the arranging and the organization of outdoor events and activity holidays, the Supreme Court now had a final word…
Read more →Austria has since decades a dual system for judging patent infringement like Germany: infringement itself is the realm of the Commercial Courts (or Penal Courts) while nullity of the underlying patent can only be stated…
Read more →Feb 1, 2016
Regulation (EU) No 2015/2424 of the European Parliament and the Council amending the Community trade mark regulation has been published in the Official Journal of the European Union. The Amending Regulation will enter…
Read more →Jan 1, 2016
The Kornspitz was invented by the company Backaldrin as a new bakery product several decades ago together with the creation of the German-coined name, since then protected as trade mark in Austria. The name consists of…
Read more →Dec 1, 2015
Our Christmas donation 2015 was given to "Sterntalerhof" and "St. Anna Children's Cancer Research Institute". The "Sterntalerhof" is a children's hospice in the original sense of the word, namely a harbourage where hope…
Read more →McDonald's opposed the trademark MCBERG for clothing et al. in class 25, for services for education, entertainment et al. and in class 41 and for providing food and drinks, provision of accommodation in class 43.…
Read more →
We keep a close eye on recent legal developments, provide up-to-date advice, and develop strategies that turn new decisions to your advantage.
Contact us →