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

Why would you pay a licence royalty if you do not need to?

Publié en January 2018

On the 26th of September of 2017, the Court of Appeals of Paris issued the final decision in the case that lead to the decision of the Court of Justice of the European Union of the 7th of July of 2016 that we commented here (Royalty for a patent: what do you really pay for?).

For the Court of Justice, Competition Law did not preclude the imposition on the licensee, under

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