Hands-on commentary on UPC decisions, key developments in IP law, and news from SONN.
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 →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 →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 →Nov 1, 2013
The assessment of the distinctiveness of trade marks consisting of a slogan remains a difficult issue before patent offices and courts throughout Europe. In a recent case, the Austrian Supreme IP Tribunal had to decide…
Read more →Nov 1, 2012
At first sight one might think of music and not of liquor in connection with "Mozart". However, the Austrian Supreme IP Tribunal recently ruled descriptiveness of "Mozart" for liquor as being notorious. The owner of the…
Read more →The famous Austrian manufacturer of energy drinks Red Bull recently successfully enforced CTM 2534774, a trade mark consisting of blue and silver, whereas these two colours make up half of the mark each. Red Bull sued…
Read more →Jul 1, 2012
In Austria there is a producer for sweet products famous for its foamy sweets in the form of a bomb. The outer form of those sweets was denied trade mark protection back in 1976 since their bomb-form is technically the…
Read more →On the basis of its RED BULL- and BULL-marks for alcoholic and non-alcoholic drinks and class 3 goods like perfumes, the firm behind RED BULL has requested cancellation of the word mark PITBULL and the device mark…
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