Protection of 3D marks – Dr. Florian Schwab explains current confectionery case

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Commenting on the online portal of the World Trademark Review, solicitor Dr Florian Schwab explains two recent decisions of the Federal Supreme Court on the protection of 3D marks in the case of the square packaging used by Ritter Sport chocolate and Dextro Energy glucose.

The Federal Supreme Court reversed the restrictive approach applied by the Federal Patent Court and confirmed the liberal approach as regards the patentability of three-dimensional marks. Corresponding judgements with reasoning are still awaited. The Federal Supreme Court has up to now only released a press statements.

Read the entire article here.

This article was published on 05.01.2018 in WTR Daily (component of World Trademark Review).

On Brexit and Patents – Article in ‘European Biotechnology. Life Science and Industry Magazine’

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Dr. Markus Engelhard and Dr. Dennis Kretschmann offer their thoughts on the subject of “IP: Brexit and patents” in an article for online English-language magazine ‘European Biotechnology. Life Science and Industry Magazine’.

Is the unitary European patent on its way? How will Brexit affect the European patent system? The two experts explore this and other interesting questions in their article.

The article is available to view here.

Article “Patent Proceedings in the US” by Dr D. Kretschmann and Dr M. Rüberg published.

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The article “Patent Proceedings in the US – Patent Holders can no longer choose their Court” by solicitor Dr Michael Rüberg and patent attorney Dr Dennis Kretschmann has now appeared in the December edition of ICC Germany Magazine by the International Chamber of Commerce (page 48, 05/2017).

The background: The US Supreme Court has limited the free choice of jurisdiction regarding patent claims. Companies domiciled or with branch in the US can no longer choose the place of jurisdiction. In their article, the authors explain the impact on German and American companies. They draw the following conclusion: “The patent landscape in the US has been subject to significant change for years. This has meant that it has become much more difficult to obtain patents in the US, to defend them against infringements and to enforce against parties in breach. The decision is a reaction against the abuse of the US system by patent trolls. On the other hand, many of the measures also impair the efficient response to patent infringements from legitimate patent holders.”
The entire article as well and the ICC edition can be downloaded here.

“New Biotechnology” (2017) with contribution from Dr J. Krauss and Dr D. Kuttenkeuler.

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Patent Attorneys Dr Jan B. Krauss and Dr David Kuttenkeuler have contributed the article “Intellectual property rights derived from academic research and their role in the modern bioeconomy – A guide for scientists” in the international specialist magazine “New Biotechnology“. In the article, the authors show how Intellectual Property (IP) represents the currency of the biotechnology industry and how a basic knowledge of IP can help scientists to exploit their research findings.
“New Biotechnology” is published by the European Federation of Biotechnology (EFB) and appears every two months. It covers subjects from the field of biotechnology as well as associated aspects in politics, finance and industry. The article can be purchased online and downloaded here.

“Mitteilungen der deutschen Patentanwälte” (7-8/2017) with contribution from Dr J. Krauss and Dr D. Kuttenkeuler.

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The two BOEHMERT & BOEHMERT Patent Attorneys Dr Jan B. Krauss and Dr David Kuttenkeuler have contributed an article entitled “Current Developments in Biotechnology” to the German-language publication “Mitteilungen der deutschen Patentanwälte” (7-8/2017, page 306 et seq): Suspension of EPA proceedings which affect plants (or animals), which are essentially included in biological proceedings”.
In the artical, the authors point out that the grant clearly exceeds the authority of the President as Executive Organ of the European Patent Agreement (EPA) as well as the applicable legal situation. They also explain possibilities with which those affected can and should resist such a suspension. “Mitteilungen der deutschen Patentanwälte” can be subscribed here.

Dr Florian Schwab in WTR Daily on the case “EXHAUST-GARD”.

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BOEHMERT & BOEHMERT lawyer and trade mark law expert Dr Florian Schwab has published the article “No protection for EXHAUST-GARD” in the online portal of the specialist magazine World Trademark Review on 2 June 2017.

The article discusses the recently delivered decision of the European Court of Justice from 27 April 2017 (T-622/15).  In its judgement, the Court rejects the possibility of protecting the mark EXHAUST-GARD for diesel emission fluid in class 01. As both courts at lower instances found, the Court held that it was of purely descriptive character. In particular, English speakers with necessary knowledge would immediately connect the word mark (which is comprise of the word “exhaust” and “g(u)ard”) with protection from dangerous emissions produced from combustion in diesel motors, in particular with the reduction of nitrous oxide content in these emissions. “The decision of the European Court of Justice is therefore less surprising than the vehement defence of the registration over three instances,” Dr Florian Schwab comments. Those subscribing to the WTR Daily can see the entire article here.

WTR – “Anti-Counterfeiting Guide 2017” with contribution from three BOEHMERT & BOEHMERT trade mark lawyers.

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The internationally renowned specialist magazine World Trademark Review has published its “Anti-Counterfeiting Guide 2017”, which is compiled in collaboration with the World Customs Organisation and INTERPOL. This year too, BOEHMERT & BOEHMERT trademark law experts Dr Rudolf T. Böckenholt, Dr Volker Schmitz-Fohrmann and Dr Florian Schwab contributed an article, this year entitled “Border seizure measures in the European Union”  and included in the May 2017 edition of the guide. The article looks at problems in the fight against product piracy and border seizure measures in the European Union. The article can be viewed here as pdf: (Note: “This article first appeared in Anti-counterfeiting: A Global Guide 2017, a supplement to WTR, published by Globe Business Media Group – IP Division. To view the guide in full, please go to“: WorldTrademarkReview)

Dr U Kilger with IP comment in specialist magazine “transkript” (4/2017)

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In the magazine “transkript” (4/2017 page 18), BOEHMERT & BOEHMERT patent lawyer Dr. Ute Kilger contributes the article “Risk of self-collisions banished”. In the article, she comments on the decision of the Grand Chamber of the European Patent Office (EPA) on the problem of possible but fatal self-collisions in the case of a registration with a partial or priority registration. In particular, non-European registering parties have often been surprised by this rule where the subsequent registration contained more objects than the original registration. Dr Ute Kilger says here: “Initial experience has thankfully shown that previous registrations doomed to be rejected now have a good chance of being accepted before the EPA.” Dr Kilger regularly comments for transkript. The magazine can be subscribed or downloaded hereundefined.

Dr Florian Schwab in WTR Daily on the Edison SpA vs. European Union Intellectual Property Office (EUIPO) case.

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In the online portal of the specialist magazine World Trademark Review from 31 March 2017, BOEHMERT & BOEHMERT lawyer and trademark law expert Dr Florian Schwab published the article “General Court: no likelihood of confusion between figurative ‘e’ marks for certain energy-related goods and services” The article explains the recently published decision of the European Court of Justice from 14 March 2017 (T-276/15 – Edison SpA v. EUIPO) in a case involving two letter marks. The case centred on the often difficult to determine protective scope of a mark which was comprised of a single letter “e” with basic graphical elements compared to an older mark, also comprised of a single letter “e”. In each case the marks were registered for various goods and services in the field of wind energy.

Dr F. Schwab has for many years made regular contributions to WTR Daily. Those subscribing to the WTR Daily can see the entire article here.

Conference transcript of ALAI with contribution from Dr M Schaefer.

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In June 2015, the Association Littéraire et Artistique Internationale (ALAI) held an international conference in Bonn on “Remuneration for the use of works: Exclusivity vs. other approaches”. Walter de Gruyter Verlag has now published the conference transcript, which contains contributions to the two conference days on 18.06. and 19.06.2015 and which illustrates issues from an international perspective. Here, Dr Martin Schafer publishes his contribution on “Possible roles for CMOs in new business models” in which he sets out and analyses various functions of collection companies in novel business models. Dr Martin Schaefer is a Member of the Board of ALAI Germany; the rights of collection companies and collection agencies are among his special fields of interest.

Conference transcript “Remuneration for the use of works”. Silke von Lewinski (publisher). Walter de Gruyter GmbH & Co KG, 2016. 475 pages (print edition). ISBN 978-3110450019.