2D Trademark v/ Community design – About the informed user

Publié en February 2013

The registered Community design will celebrate its 10th anniversary on April 1, 2013. These 10 years have enabled the Courts to clarify the conditions of protection of this unified title.

According to the Community regulation, “the assessment as to whether a design has individual character should be based on whether the overall impression produced on an informed user viewing the design clearly differs from that produced

French and International trademarks – Scope of the specification

Publié en February 2013

Further to the important decision of the Court of Justice Of the European Union IP TRANSLATOR (see our previous article), the French trademark office (INPI) and the International Bureau of the World Intellectual Property Organization (WIPO) have each rendered an official communication concerning the wording of the  applications claiming protection for all goods and services (1-2).

Both positions are identical.

The simple indication or

Scope of protection of company names

Publié en January 2013

Last summer, the French Cour de cassation issued a very important ruling regarding the scope of protection that may be granted to a company name.

According to the Supreme Court, “the company name is protected only in connection with the activities actually performed by the company, and not in connection with those listed in its statutes” (Commercial chamber, July 10, 2012, case No.08-12010).

We

News about the Nice Classification

Publié en January 2013

To begin this new year in the trademark business, we would like to inform you about a new update of the Tenth Edition of the International Classification of Goods and Services for the Purposes of the Registration of Marks.

The Tenth Edition entered into force on January the 1st, 2012, and a few months later, propositions and suggestions were made to modernize and bring up to

Inventions belong to inventors

Publié en December 2012

The French Intellectual Property Code states that “The right to the [patent] shall belong to the inventor or his successor in title” (Article L.611-6) such as his assignee. And “Where an application for the grant of [a patent] has been made either for an invention unlawfully taken from an inventor or his successors in title or in violation of a legal contractual obligation, the injured party may claim

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