Trademark infringement: affixing a mark to goods for export

Publié en April 2018

So far, the affixing in France of a third-party’s trademark to products (or their packaging) for export was not considered to infringe the trademark owner’s rights if the products bearing the mark were not sold in France or Europe but were intended for sale in a foreign country where the exporter had trademark rights.

However, the affixing of a trademark as such may be considered as genuine use and allow

3D trademark v/ Community design – The Tic Tac box case

Publié en February 2018

The three-dimensional trademark, filed for sweets and consisting of an empty and unlabeled TIC TAC box, although considered as a weak trademark, is opposable to a Community design consisting of a full candy box, bearing figurative and verbal elements.

First of all, an earlier trademark right can be opposed to a later registered Community design (RCD) as:

Part of the prior art, to destroy the novelty or individual character of

The Savon de Marseille is still not protected

Publié en February 2018

This has now become a real saga regarding southern France, not by famous writer Marcel Pagnol, but by the French Patent and Trademark Office (INPI) and IP lawyers.

Let’s recall that since 2014, Article L721-2 of the French Intellectual Property Code states that must be considered a geographical indication the name of a geographical area or of a specific place which serves to designate a product, other than agricultural, forester,

Countries of the International trademark system

Publié en February 2018

The International trademark system provides a variety of centralized administrative procedures to protect and manage a trademark in one or several member countries of the Madrid system (Madrid Agreement and Madrid Protocol).

The system of International registration of marks is administered by the International Bureau of the World Intellectual Property Organization (WIPO), based in Geneva, Switzerland.

A basic mark, protected in the “home” IP

Schweppes, a worldwide brand or parallel marks?

Publié en January 2018

Schweppes is a worldwide famous brand for tonic waters created in 1793. One trademark, one product, one origin? Not since the partial assignment of the trademark in several European Union countries (including the United Kingdom) to The Coca-Cola Company, while Schweppes International Ltd operates in other EU countries (including Spain).

That’s called parallel trademarks. Their origin, recent or old, is unique and common, but further to assignments, parallel trademarks are

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