Countries of the International trademark system

Publié en October 2019

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

IP protection for recipes and culinary creations in France?

Publié en September 2019

Whereas European case law considers that a taste of food cannot be protected by copyright (see our article here), a new Intellectual Property title could be created to protect culinary creations: the culinary creation certificate.

This is the purpose of a law proposal introduced on April 30, 2019, aiming at protecting both recipes and cooking creations.

Closing the legislative gap

The law “does not offer real protection of the recipes

Trademark use requirement and bad faith

Publié en September 2019

In France as in many other countries, a trademark can be revoked if it has not been put to genuine use within a continuous five-year period. The rule is given by Article L.714-5 of the French Intellectual Property Code.

It is frequently said that there is an obligation to use a trademark. But it is not to be associated with the practice in some countries, such as the United States

Name Glen Buchenbach banned for a non-Scottish whisky

Publié en March 2019

Last August, we spoke about the German whisky ‘Glen Buchenbach’ (here), which caused the preliminary ruling of the 7th of June of 2018 by the Court of Justice of the European Union in the Case C‑44/17, Scotch Whisky Association v Michael Klotz.

The Court of Justice had been asked a series of questions by the Landgericht Hamburg (Regional Court in Hamburg, Germany) related to the interpretation of Article 16(a) to

How could McDonald’s lose the EU trademark BIG MAC?

Publié en February 2019

The European Union trademark BIG MAC number 000062638 was filed in 2016 and registered in 2018 in the name of McDonald’s, in connection with many food products, among them the famous sandwiches, as well as in connection with restaurant-linked services.

In a case against McDonald’s, Irish company Supermac’s filed a request for revocation of the EU mark BIG MAC according to Article 58(1)(a) of the Regulation (EU) 2017/1001 of the

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