Hands-on commentary on UPC decisions, key developments in IP law, and news from SONN.
A process claim drafted as a further independent claim and the corresponding description can only be relevant for determining the scope of protection of an independent product claim to the extent that there are…
Read more →Sep 12, 2025
Insofar as German law applies to a private right of prior use pursuant to Article 28 UPCA, it is necessary that a firm and final decision on the use of the claimed prior use was made before the priority date (LK…
Read more →Feb 24, 2023
In quite a remarkable decision of 2019, the Cancellation Division of the EUIPO had revoked one of McDonald's best-known trademarks, the BIG MAC, for reasons of non-use. The trademark BIG MAC had previously been…
Read more →Nov 2, 2022
Can the provision of services under a certain trademark outside the European Union constitute genuine use of that trademark within the EU? At first glance, one might think this is an easy question to answer. Outside…
Read more →May 19, 2021
Questions relating to the use of third parties' trade marks in the context of one's own advertising material are not as uncommon as they may seem at first glance: May I display the logo of the manufacturer of the…
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 →Apr 1, 2009
Within a very short period of time, the ECJ had to answer two questions from the Austrian Oberster Patent- und Markensenat for a preliminary ruling. Both questions concerned Art. 12 of the Trade Mark Directive, i.e. the…
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