Dr. Julian Wernicke, Attorney at Law at BOEHMERT & BOEHMERT

Dr. Julian Wernicke with article on invoices as proof of use in trade mark law in GRUR-Prax 07/2024

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In issue 07/2024 of “GRUR-Prax – Gewerblicher Rechtsschutz und Urheberrecht, Praxis im Immaterialgüter- und Wettbewerbsrecht”, BOEHMERT & BOEHMERT lawyer Dr. Julian Wernicke discusses a judgment of the General Court of the European Union of 7 February 2024 (T-792/22), which deals with invoices as proof of rights-preserving use of the trade mark WOXTER.

After the expiry of a five-year grace period for use, the trademark proprietor must, at the request of a third party, prove that it is actually using the trademark in the course of trade. Invoices are an important part of this proof. In the decision, the Court points out the problems that can arise with invoices as proof of use. Dr. Julian Wernicke discusses these and places them in the context of previous European case law. In particular, he discusses the distinction between use as a company or trade name, the lack of a direct link between the mark and the goods or services, and the use of a different representation of the mark.

The full discussion of the decision can be found in German in GRUR-Prax 07/2024, Beck-Online subscribers can read the article here.

IP Summer Course 2024

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We are pleased to announce our event series “IP Summer Course – Obtaining, Enforcing and Evaluating Intellectual Property Rights in Europe” for 2024. In-house counsels, patent and trade mark managers as well as IP experts are cordially invited to Munich from June 20 to 28, 2024 to learn and exchange information on important aspects of obtaining and protecting intellectual property in Europe.

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Prof. Dr. Heinz Goddar and Melanie Müller write article as part of commemorative publication for Prof. Dr. Thomas Kühnen

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Commemorative publication on the occasion of Prof. Dr. Thomas Kühnen’s retirement from judicial service

Prof. Dr. Thomas Kühnen set standards as a patent attorney and as a judge for patent law at the Higher Regional Court Dusseldorf. He retired from the judiciary on January 31, 2024.

In recognition of his achievements, Carl Heymann Verlag has published the work “Festschrift für Thomas Kühnen” under the editorship of Dusseldorf attorneys at law Christian Harmsen and Axel Verhauwen. Numerous authors express their appreciation for Prof. Dr. Kühnen with contributions on the topics of patent infringement proceedings and the Unified Patent Court.

BOEHMERT & BOEHMERT partner and patent attorney Prof. Dr. Heinz Goddar and BOEHMERT & BOEHMERT attorney at law Melanie Müller took part in this tribute as joint authors with the article „Lizenzbereitschaftserklärung gem. § 23 PatG – sinnvoller Mechanismus zur Bestimmung von FRAND-Bedingungen bei SEP-Lizensierung?“ (Declaration of willingness to license pursuant to Section 23 PatG – a useful mechanism for determining FRAND conditions in SEP licensing?).

The commemorative publication is available in German, both in hardcover and as an online subscription. Further information can be found here in the Wolters Kluwer online store.