A long-running dispute involving knitting needles has provided clarity on the remit of Article 132 of the EU Trademark Regulation, particularly in relation to unjustified threats proceedings in the United Kingdom. The case also serves as a useful reminder of the far-reaching impact of takedown notices and their potential to result in costly litigation

An increasing number of major brands are unwittingly funding IP-infringing websites through misplaced advertising, a new EUIPO report warns.

The key issues in these cancellation proceedings were the admissibility of the evidence submitted late to the EUIPO to demonstrate the genuine use of the mark HEITEC, and the probatory value of such evidence.

WTR can reveal two registered trademarks for TRUTH SOCIAL, with one legal expert claiming they “could be an obstacle” if the platform rolls out to European users.

The General Court agreed with the EUIPO that there was a likelihood of confusion for goods in Classes 3 and 16, at least when the reputation of the earlier mark for lip care products was taken into account.

Supermassive Games, the makers of The Dark Pictures series, has filed a new trademark for ‘The Quarry.’ There isn’t much information to parse in the listing, however the filing did come with a logo for the project. Presumably, The Quarry could be the name for a new IP by the horror team. All we can tell at the moment is that it is a game, assuredly taking place in a quarry. VGC dug up a little more information on the project. According to the report, The Quarry is getting published by 2K and the plan is to release it sometime this year. The logo, filed alongside the EUIPO listing, doesn’t match anything from The Dark Pictures Anthology. Its look resembles something done using a paintbrush, with matching blotches and drips.   The Quarry likely isn’t connected to Supermassive’s narrative horror series. However, that’s not to say it isn’t possible. Following the most recent with House of Ashes, there may be at least five more chapter...

Not long ago this blog posted an article about the problems of the Italian company Tecnica Group S.p.A. to defend its European three-dimensional trademark in class 25: Clothing, footwear, headgear; footwear soles; insoles; heelpieces for footwear; footwear uppers: This mark was invalidated by the EUIPO based on absolute grounds – lack of distinctive character. The Office … Continue reading The General Court confirmed that Moon Boot cannot be a 3D trademark in the EU

Everything we covered on WTR over the past seven days – and all you need to know from the world of trademarks to set yourself up for the start of another busy week.

The EUIPO reports a serious increase in the number of applications for European trademarks in 2021 compared with 2022. The growth is 12%. The top countries where the applications come from are China, Germany, and the USA. The most popular Nice class in the applications is class 9 – software, apparatus, and instruments for scientific … Continue reading European trademark applications hit a record

So, a million years in the future, an alien lands on the moon and sees this footprint. The alien quickly accesses the GWW (Galaxy Wide Web) and discovers that it was left by one astronaut of the little blue world nearby (perhaps worth a visit, according to prior reviews left by other interstellar visitors).  The...

Protection of three-dimensional trademarks can be a real challenge both in the process of their registration with the Patent Offices and in case of enforcement. One indicative case about this is the following EU trademark application filed by Pinball Factory GmbH for classes 11, 12(including camping vehicles), 20, 21 и 39: Against this application, an … Continue reading Volkswagen successfully defended its classic Van trademark in the EU

This case highlights the approach taken by the EUIPO and the General Court in examining invalidity actions on the ground that the features of a design are dictated solely by their technical function.