
Kluwer Trademark Blog
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Kluwer Trademark Blog is a publication of Kluwer Law International, providing information and news on European Trademark law.
Kluwer Trademark Blog
3d ago
First Circuit affirmed denial of injunction, noting that confusion due to proximity of businesses and both trading off of the same historical legend “is not the type of confusion that trademark owners may prevent.” The First Circuit Court of Appeals in Boston has affirmed the denial of injunctive relief sought by the owner of a ..read more
Kluwer Trademark Blog
1w ago
Stay informed with our comprehensive roundup of the past month’s headlines, all neatly compiled for you in one convenient post. Catch up on the latest news reported by the Kluwer IP Reporter. Canada introduces project on Registrar-initiated non-use trademark proceedings The Canadian Intellectual Property Office (CIPO) has recently initiated a pilot project to proactively issue ..read more
Kluwer Trademark Blog
2w ago
Selling company equity or stock shares does not constitute use of a trademark “in connection with goods or services” under the Lanham Act. In a ruling that clarifies the boundaries of federal trademark protection, the U.S. Court of Appeals for the Ninth Circuit has determined that companies cannot claim trademark infringement when competitors use similar ..read more
Kluwer Trademark Blog
3w ago
The Danish Maritime and Commercial Court (hereinafter “the Court”) decided, on 8 January 2025, to refer international trademark registration MP 1408424 for for confectionery in Class 30 (hereinafter referred to as “the teddy bear”) back to the Danish Patent and Trademark Office for renewed examination. The registration is owned by RiGO Trading S.A. which is ..read more
Kluwer Trademark Blog
1M ago
All trademark news that you might have missed last month in one convenient overview. Read up on the latest news reported by the Kluwer IP Reporter. Grand Board issues opinion on EUTM application withdrawals and conversion The Grand Board of Appeal of the European Union Intellectual Property Office (EUIPO) rendered its decision on the questions ..read more
Kluwer Trademark Blog
1M ago
Evidence that the defending firm’s ads confused consumers was “de minimis,” and online shoppers were savvy enough to distinguish between ads and organic search results. The sophisticated nature of online consumers, the lack of evidence of actual confusion, and other factors weighed against finding that there was a likelihood of confusion from a personal injury ..read more
Kluwer Trademark Blog
2M ago
The General Court (GC) has recently confirmed that the figurative European Union trademark no. 002810299 consisting of two parallel stripes on the side of a shoe lacked distinctiveness (T-307/23 of 23.10.2024 – Jima Projects vs. EUIPO). The decision is noteworthy, as it confirms previous case law that a “branding practice” does not automatically render ..read more
Kluwer Trademark Blog
2M ago
Green trademarks are facing unprecedented scrutiny as 2024 draws to a close. In light of the EUIPO’s latest decisions, it has become increasingly clear that the Office is taking a more rigorous approach when it comes to green trademarks, i.e. trademarks “containing at least one term in their goods and services description that is related ..read more
Kluwer Trademark Blog
2M ago
All trademark news that you might have missed last month in one convenient overview. Read up on the latest news reported by the Kluwer IP Reporter. Aden adopts 12th Edition of Nice Classification Aden has officially adopted the 12th edition of the Nice Classification, a significant update that aligns its trademark registration processes with international ..read more
Kluwer Trademark Blog
2M ago
The ‘Hawk Tuah’ meme, popularised by Haliey (sic!) Welch, has prompted several third parties to apply for trademark protection in the EU. Can Welch, the ‘Hawk Tuah Girl’, challenge them? Bad Faith Well, as a first option, Welch could argue that these trademarks were filed in bad faith. In the NEYMAR case (T-795/17), the General ..read more