On appeal from the EUIPO Board of Appeal, the EU General Court has held that the slogan mark “IT’S LIKE MILK BUT MADE FOR HUMANS” is distinctive for foodstuff, including dairy substitutes. The inclusion of the word “but” called into question the commonly accepted idea that milk is a key element of the human diet; and thereby conveyed a message which is capable of setting off a cognitive process in the minds of the relevant…
In this article, we offer insights into this issue based on relevant laws, precedents and our experience to help IP owners navigate possible options when forming legal strategies in China.
Fenway Park[1], Allianz Arena[2] or Allianz Stadium[3], Wrigley Field[4], CitiField[5], Emirates Stadium[6], Etihad Arena[7], all of the aforementioned are sports arenas or stadiums sponsored by third parties that are not actually the owners of the stadium (or arena) itself. This trend has been around for a long time now and it is indeed a very profitable one, achieved through an agreement between corporations and sports clubs. From a legal perspective, the contracts signed in these…
Judgment of the Court of Justice of the European Union of 5 March 2020, Case C-766/18 P Can I register as a trademark a term designating a geographical territory? Although the answer to this question may seem simple in light of the EU Trademark Regulation (EU) 2017/1001 stipulating that indications which may serve to designate the geographical origin of a good or service cannot be registered as trademarks, the very same legal text provides for…
The question referred for a preliminary ruling by the Kúria (the Hungarian Supreme Court), dated 23 April 2020, was raised in connection with the application for a three-dimensional trade mark filed on 5 February 2015 by the company Gömböc Kutató, Szolgáltató és Kereskedelmi Kft. (hereinafter ‘Gömböc’), before the Hungarian Trademark Office (Szellemi Tulajdon Nemzeti Hivatala), which refused the Application. In particular, the application contained a three-dimensional element and claimed protection in Class 14 for decorative…