Alcolock and breathalyser devices – a General Court decision

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The General Court of the EU ruled in Case T 638/15 Alcohol Countermeasure Systems (International) Inc. v EUIPO. The case concerns an invalidation procedure against an EU trademark ALCOLOCK, which was based on an earlier UK trademark ALCOLOCK, in light of  Article 53(1)(a) in conjunction with Article 8(1)(a) and (b) EUTMR.

The Board of Appeal decided that the applicant proved a genuine use of its mark on the territory of the UK. The reasons behind this conclusion were that the owner of the earlier mark submitted sufficient pieces of evidence. One of them was the fact that applicant acted as a licensee using a similar mark for identical goods. In addition to that, the applicant showed a selection of invoices, accompanied by purchase orders and email requests, a selection of press articles and advertisements, together with invoices for placing them.

Although the invoices revealed sells for only 350 breathalyser devices during the relevant periods, according to the Board this was sufficient taking into account the nature of these products.

The General Court upheld this decision.

 

 

 

New online form for international trademarks by EUIPO

img_newsIAEUIPO reports about a new online form for filling applications for international trademarks under the Madrid protocol based on Eu trademark applications or registrations.

According to the Office, this new form is more user-friendly and less time-consuming which in general support the Office’s efforts for paperless services.

For more information here.

 

The most valuable brands in the world for 2017

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The Brandirectory published the list of the most valuable brands in the world for 2017. This represents brand evaluation as an intangible asset for the relevant proprietor.

According this rating the first place is for Google (109 billion dollars), followed by Apple (107 billion dollars) and Amazon (106 billion dollars).

More information can be found here.

AIG trademark lawsuit in US

17102040447_d4be49424c_b.jpgWIPR reports about a lawsuit initiated by a US insurance agency against the global insurance company American International Group (AIG).

A.I.G Agency is a company from St Louis, Missouri, which has been using an AIG trademark since 1962, which is supported by the relevant pieces of evidence.

On the other hand, American International Group is the owner of later AIG marks in the US.

According to A.I.G Agency, this creates confusions among the consumers due to which the Missouri company insists American International Group to stop using the AIG marks and to pay damages.

More information here.

Like it or not at all – a General Court decision

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The General Court ruled in case T-21/16; Karl Conzelmann GmbH + Co. KG  v EUIPO, where there was an attempt for registration of an EU trademark LIKE IT for Classes 18, 24, 25.

EUIPO refused this application on absolute grounds – lack of distinctive character.

The Court upheld this finding taking into account the fact that the words LIKE IT can be perceived as a request for purchasing the goods applied for. The other meanings of LIKE IT such as “Similar to” or “The same as” don’t contribute in any way to the creation of distinctiveness of the sign as a whole.

Source: Alicante News.