Trade Marks Archive - Page 9 of 9

Dr. Schwab analyses ECJ judgement in the Lindt chocolate bunny case in the LebensmittelZeitung.

5. June 2012/in Publications Trade Marks

On 1 June 2012, BOEHMERT & BOEHMERT partner and trademark expert Dr Florian Schwab makes a guest contribution to the magazine LebensmittelZeitung entitled “Only one of many” (Nur einer unter anderen). Here, he looks at the decision of the European Court of Justice (ECJ) in relation to the EU-wide trademark protection for the Lindt chocolate bunny. Registration of the golden bunny with the red ribbon as 3D community mark was rejected by the Court as not capable of registration. Dr Florian Schwab comments: “The judgement shows, generally it is difficult for a product shape as such to find original trademark protection at EU level. The bunny shape cannot claim trademark protection. The judgement of the ECJ is also significant for its restrictive tendency in respect of the community trademark.” Those subscribing to LebensmittelZeitung can see the entire article here.

Dr. Schwab in WTR Daily on Beatle vs. Beatles decision of the ECJ.

14. May 2012/in Publications Trade Marks

In the online magazine World Trademark Review Daily from 19.04.2012, BOEHMERT & BOEHMERT partner and brand law expert Dr Florian Schwab reports on the recent decision of the European Court of Justice (General Court) in the BEATLE / BEATLES case. In the decision, the Court – different to the Opposition Division – upheld the opposition to various BEATLES brands in connection with the famous British pop group raised against a picture mark BEATLE used mainly for wheelchairs. The Court upheld exploitation of the known BEATLES brand. In so doing, the Court drew protection of reputation very widely so that goods which are not prima facie similar are also included. Those subscribing to WTR Daily can see the entire article here.

GRUR-Prax, with comment from Dr R. Böckenholt on the “akustilon” case.

20. February 2012/in Publications Trade Marks

In the 04/2012 edition of GRUR-Prax from 17th February, BOEHMERT & BOEHMERT partner and attorney Dr Rudolf Böckenholt has provided a comment on the decision made by the Federal Court of Justice on 17th August 2011 regarding the “akustilon” case. This high-court decision states that in trade mark cancellation proceedings at the German Patent and Trade Mark Office, it is not a deciding factor whether or not the registered owner is actually also the owner of the trade mark, or whether this still even exists. This is to be assumed in the official procedure, and examined only in any potential action for trade mark cancellation before the ordinary courts (state courts). This question has previously not had a uniform answer in the case law or the literature of industrial property law. The first civil senate of the Federal Court of Justice responsible for trade mark law now draws on general procedural case law. Since 2009, Dr Böckenholt has been a regular contributor to GRUR-Prax. The article can be viewed by subscribers at.

Dr Florian Schwab comments in WTR Daily.

2. December 2011/in Publications Trade Marks

Writing in the online edition of the World Trademark Review Daily on 2 December 2011, BOEHMERT & BOEHMERT partner and trademark expert Dr Florian Schwab has commented on the decision by the European Court of Justice in the Buffalo Milke Automotive Polishing Products Inc. vs. Office for Harmonization in the Internal Market (OHIM) case. The decision deals with the question of right-preserving usage, a matter very relevant in practice and as yet treated with some irregularity in the case law of the European courts. Here, the case deals with requirements placed on usage documents submitted on appeal.

“CHROMA” – Dr. F. Schwab in World Trademark Review Daily.

25. November 2011/in Publications Trade Marks

The online edition of the World Trademark Review Daily of 21.01.2011 includes an article by BOEHMERT & BOEHMERT partner Dr. Florian Schwab. The short contribution entitled “Transliteration of Greek word for ‘colour’ held to be descriptive” deals with the ruling handed down by a court of first instance of the European Communities on 16th December 2010, in which the transliteration of ‘chroma’ was rejected as a marker for sanitary fittings on the grounds that it was purely descriptive. Dr. Schwab is a long-standing and regular contributor on.

Dr F. Schwab in WTR Daily: “General Court Confirms Strict Approach to Time-Limits to Prove Genuine Use”.

6. April 2011/in Publications Trade Marks

In the online edition of the World Trademark Review Daily (WTR Daily) from 29 March 2011, BOEHMERT & BOEHMERT partner Dr Florian Schwab discusses the decision in Efemy’s Holding GmbH v. OHIM, Case T-50/09 of the European Court of Justice (ECJ). Of interest to trade mark lawyers are the statements of the ECJ on the formal requirements for proof of genuine use in the opposition proceedings. The German company Efemy’s Holding GmbH responded to the objection of non-use, in keeping with the time limit, by stating that it would submit a fax consisting of 200 pages of usage documentation. The usage documentation was then received by the Office for Harmonisation after expiry of the time limit. Dr Schwab regularly comments in this newspaper.

“China Intellectual Property Magazine” with article by Prof Goddar and Dr Haarmann.

7. February 2011/in Publications Patents and Utility Models, Trade Marks

BOEHMERT & BOEHMERT partner Prof Dr Heinz Goddar and Dr Carl-Richard Haarmann recently published an article in the 11/12-2010 (China IP 11-12/2010,pp 68/72) edition of the much respected Chinese specialist newspaper “China Intellectural Property Magazine”(ISSN 1811-4822). The article entitled “The defence against unjustified attacks based on IPR on the opportunity of trade fairs and exhibitions in Germany” looks at the risks faced by exhibitors committing infringement of industrial property rights in trade fairs taking place in Germany. The authors also explain which strategies can be employed to avoid these risks. The article is available in English at.
or as pdf here

Dr. F. Schwab in World Trademark Review Daily

3. November 2010/in Publications Trade Marks

BOEHMERT & BOEHMERT partner Dr. Florian Schwab, discussed the remarkable judgment, in terms of trademark law, of the Federal Supreme Court of 19.11.2009 in the matter of “MIXI” in the online edition of the World Trademark Review Daily of 29.10.2010. The case concerned the independent distinctive role of a composite mark. Dr. Schwab has been a regular contributor to the magazine for many years.

World Trademark Review Daily with article by Dr. F. Schwab

9. August 2010/in Publications Trade Marks

In the 30.7.2010 online edition of the World Trademark Review Daily BOEHMERT & BOEHMERT partner Dr. Florian Schwab discussed the ruling of the European Court of Justice in the case of Grain Millers Inc. vs. OHIM concerning proof of use of a company name as part of opposition proceedings. Dr. Schwab is a long-time contributor of regular articles to the journal.

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