BOEHMERT & BOEHMERT partner and lawyer Dr. Rudolf Böckenholt discusses the decision of the European Court of Justice from 15 May 2014 (C-97/12 P – Louis Vuitton Malletier/OHIM) in the specialist magazine GRUR Prax 12/2014. The case concerned the question as to whether in the case of pure picture marks the principles established in case law on the distinction of 3D brands are to be applied and whether this also covers picture marks which only show parts of the product. Official practice of stretching the distinction for specific goods to generic terms or semantically related terms remains under review. The European Court of Justice affirmed all three questions which prevents its restrictive case law on 3D marks from being undermined and gives those registering marks and important aid in the proper construction of their goods and service directory. Dr. Böckenholt is specialist lawyer for industrial property rights and has contributed regularly to GRUR-Prax since 2009. Subscribers can access the entire article from 13 June 2014 here.
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