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The introduction of the Unified patent Court (UPC) is progressing steadily. One of the tasks of the Preparatory Committee, assisted by a group of judges and lawyers with extensive experience in the field of patent law, is the establishment of procedural law of the UPC, referred to as the Rules of Procedure.
Oral proceedings in the consolidated proceedings of G2/13 (Broccoli) and G2/12 (Tomato)
As of November 1, 2014, amended Rule 164 EPC will take effect at the European Patent Office. This amendment makes the procedure for European applications based on international PCT applications (so-called Euro-PCT applications) more flexible.
The Preparatory Committee of the Unified Patent Court has put a prototype electronic filing system online.
It seems that the EPO may steer a more lenient course regarding extension of subject-matter under article 123(2) EPC. Thus, the pressure from epi and other user groups to avoid further drifting away of the European “added matter” practice from notably the US and Japan, has by the looks of it, eventually been heard by EPO.
Last year, the Central Netherlands District Court issued a judgement in a case instigated by flip-flop manufacturer Havaianas. The company objected to the use of the trademark ‘Hollandaisas’ and the design of the ‘Hollandaisas flip-flops’, as both were too similar to the trademark and flip-flops of Havaianas.
Retro has made a comeback in recent years. Brands which used to be all the rage but then disappeared from the market are now getting a new lease of life. Well-known examples are the Mini cars, but Quick (sports) clothing is also experiencing a revival after years of being unavailable.
It therefore seems to be an attractive proposition to reintroduce such names and benefit from the goodwill which is often still associated with the brand. The question is whether this is allowed. The EU Court issued a judgement on a similar matter in a case concerning the former French car manufacturer SIMCA.
NLO Shieldmark regularly represents clients who oppose a new application for a trademark. This was the case here where the client felt that the new trademark Piu Piu was too similar to his trademark PUI PUI. This was an application in the Benelux. A detailed argument was drawn up and submitted for the client.
As a follow-up to our article ´Protecting a sound trademark is like music to our ears´ (in Dutch) from 6 December 2012 about the possibilities of protecting a sound as a trademark, we would now like to discuss the huge value of having a sound trademark.
Apple’s reputation for the streamlined, minimalist design of its products is well known. Unsurprisingly, the company goes to extremes to protect them. But Apple now wants to protect the layout of its own stores.
NLO publishes Fortify magazine 2 times a year. Each quarter NLO Shieldmark publishes the Kenmerkend newsletter.
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NLO Shieldmark publishes the Kenmerkend 4 times a year. This newsletter is published in Dutch and contains topical articles on trademarks and designs.
Clients receive NLO's magazine Fortify by mail, which will appear 2 times a year. You can download the magazine in PDF.
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