The European IP Helpdesk supports European SMEs and research teams involved in cross-border business and/or EU-funded research activities manage, disseminate and valorise their IP.
In 2015, the EUIPO (European Union Intellectual Property Office) made the decision to refuse to register Cinkciarz’s logo as an EU trademark. The company has its day in court as the EGC (European General Court) reverses the prior ruling.
A town in Southern Italy, traditional Sunday lunch, a Eurotrip through Central Europe…every dish has a story behind it at personal as much as at national or regional level. Europe offers a rich diversity of culture, history and geography – and food plays a great role in reflecting it. European geographical indication labels allow the protection of these food traditions – two food labels with the weight of history on their shoulder.
ADDITIONAL OPINION OF ADVOCATE GENERAL SZPUNAR
delivered on 6 February 2018 (1)
Case C‑163/16
Christian Louboutin,
Christian Louboutin SAS
v
Van Haren Schoenen BV
(Request for a preliminary ruling from the Rechtbank Den Haag (District Court, The Hague, Netherlands))
(Reopening of the oral procedure — Reference for a preliminary ruling — Trade marks — Refusal of registration or invalidity — Shape — Concept — Three-dimensional properties of the goods — Colour)
Conclusion
67. In the light of the foregoing considerations and the analysis conducted in my first Opinion, I maintain my proposed answer to the question referred for a preliminary ruling by the Rechtbank Den Haag (District Court, The Hague, Netherlands), which read as follows:
Article 3(1)(e)(iii) of Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks is to be interpreted as being capable of applying to a sign consisting of the shape of a product and seeking protection for a certain colour. The concept of a shape which ‘gives substantial value’ to the goods, within the meaning of that provision, relates only to the intrinsic value of the shape, and does not permit the reputation of the mark or its proprietor to be taken into account.
Christian Louboutin Paints Paris and NYC Red on His Way to the Saks Boutique Opening、1:21
Christian Louboutin Paints Paris and NYC Red on His Way to the Saks Boutique Opening
The abovementioned study on the protection and control of geographical indications for agricultural products in the EU Member States has been published today. By identifying the key actors and the procedures in place in the Member States to enforce agri-food geographical indications, the study details the landscape of each national control system and gives practical information to users on the legal remedies available in the event of infringement.
Apple Inc. succeeded on Tuesday in preventing Chinese smartphone maker Xiaomi Inc from registering its “Mi Pad” tablet computer as an EU trademark because the name was too similar to Apple’s “iPad.”