The IPKat BLOG – Page 118

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Never too Late: If you missed the IPKat the past weeks!

http://ipkitten.blogspot.com/2022/10/never-too-late-if-you-missed-ipkat-past.html It has been a busy few weeks for the IPKat and it’s about time to take a look at what we have covered during this time:- Patents The Chartered Institute of Patent Attorneys (CIPA) reported that the European Patent Office (EPO) Administrative Council decided to abolish the 10-day rule,... Continue reading
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Can Vuitton’s Damier Azur pattern be a trade mark? General Court rejects claim of acquired distinctiveness through use

http://ipkitten.blogspot.com/2022/10/can-vuittons-damier-azur-pattern-be.html Vuitton’s Damier Azur Is Louis Vuitton’s Damier Azur pattern distinctive enough to be a trade mark? If this seems like a déjà vu, it is because it is: indeed, back in 2020 the EU General Court (GC) already considered this question (T-105/19, covered on The IPKat here). At that... Continue reading
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Entry into Force of the 12th Edition of the Nice Classification on 1 January 2023

http://ipkitten.blogspot.com/2022/10/entry-into-force-of-12th-edition-of.html Trade mark practitioners should be aware that the 12th edition of the International Classification of Goods and Services for the Purposes of the Registration of Marks (“Nice Classification”) will enter into force on 1 January 2023. The 12th edition can be assessed here. In its recent Information Notice... Continue reading
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C-256/21 – CJEU’s interpretation of counterclaims and EU trade mark courts’ jurisdiction

http://ipkitten.blogspot.com/2022/10/c-25621-cjeus-interpretation-of.html By its decision C-256/21 of 13 October 2022, the Court of Justice of the European Union (CJEU) answered a referred question regarding the jurisdiction of EU trade mark courts: under Regulation 2017/1001 (EUTMR), does an EU trade mark court have jurisdiction over the invalidity of an EU trade mark... Continue reading
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Katcall Reminder

http://ipkitten.blogspot.com/2022/10/katcall-reminder.html The deadline for submissions to the openings for GuestKats and InternKats positions (as announced here) is approaching. Those interested must submit their complete applications no later than Friday, 21 October 2022 (midnight, GMT). Complete applications must contain CV details, interest in IPKat, and a 400-word writing sample (or a link to... Continue reading
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General Court considers whether light blue colour mark is sufficiently distinctive to be registered as an EU trade mark

http://ipkitten.blogspot.com/2022/10/general-court-considers-whether-light.html Adding to the increasingly abundant case law on unconventional EU trade marks (EUTMs), in a recent decision (Case T-168/21, only available in French and German) rendered earlier this month, the General Court had to consider whether the colour mark below (described as light blue: RAL 5012) could be sufficiently... Continue reading
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Laguiole knife, at the origin of the French GI system for craft and industrial products, is now registered as a GI

http://ipkitten.blogspot.com/2022/10/laguiole-knife-at-origin-of-french-gi.html The French Patent and Trade Mark Office (INPI) recently registered “Couteau Laguiole” as a geographical indication (GI) for a knife produced in the French communes of Laguiole and Thiers. It is a French-only GI, as no EU-wide GI protection is currently foreseen for craft and industrial products (also known... Continue reading
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BREAKING: EPO to abolish the 10 day rule

http://ipkitten.blogspot.com/2022/10/breaking-epo-to-abolish-10-day-rule.html The Chartered Institute of Patent Attorneys (CIPA) is reporting that the EPO Administrative Council (AC) has decided to abolish the 10 day rule. Old style delivery The EPO “10 day rule” is currently provided by Rule 126(2) EPC. The Rule stipulates that notification from the EPO is considered to occur 10 days... Continue reading
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When you can’t know a book by its title, and the law may even leave you confused

http://ipkitten.blogspot.com/2022/10/when-you-cant-know-book-by-its-title.html A major contribution of economics to our understanding of trademarks is “search costs”, generally here . This idea is that trademarks are an efficient tool for consumers because a consumer can rely on the mark, rather than having to search for sufficient information about the source of the product... Continue reading
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Uffizi museum sues Jean Paul Gaultier over unauthorized reproduction of Botticelli’s Venus on fashion garments

http://ipkitten.blogspot.com/2022/10/uffizi-museum-sues-jean-paul-gaultier.html Jean Paul Gaultier’s Le Musée Yesterday the news broke that the Uffizi museum in Florence is taking legal action against Jean Paul Gaultier over the unauthorized reproduction of the stunning and well-known Renaissance painting Birth of Venus by Sandro Botticelli in garments and accessories that are part of Gaultier’s... Continue reading