Countries of the International trademark system

Publié en January 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

Law and Intellectual Property as growth boosters

Publié en October 2018

This article is the transcription of a presentation by Manuel ROCHE, Industrial property attorney and President of the International Relations Committee of the CNCPI (the French Patent and Trademark Attorneys Institute), during the international symposium “Paris, European hub for business, digital, IP and tech law” which took place the 11th of October 2018, at the Tribunal de grande instance de Paris (Paris First instance Court of Paris), organized by the

Non-distinctive trademark – According to the EUIPO, the trademark iWatch is not associated to Apple

Publié en October 2018

The Apple Watch is not branded as “iWatch”, although it would put it in line with its pre-existing products/services bearing the well-known ‘i’-prefix, such as iPhone, iPod, iPad, iMac or iCloud. This is mostly due to the difficulties of having the trademark iWatch registered.

The trademark iWatch, filed on 4 December 2013, had been refused for goods in class 14 (“chronometric instruments, timepieces, and bracelets; accessories, parts, components, and cases

EU trademarks: Does the evidence of acquisition of distinctive character through use have to be shown throughout each and every member state?

Publié en September 2018

The European Court of Justice (ECJ) has held that, in order to be accepted for registration as a EU trademark, a sign must have distinctive character, inherent or acquired through use, throughout the European Union and not only in a substantial part or the majority of that territory.

But does it imply that such evidence is required for each and every member state?

It has already been ruled that given

Glen Whisky: scotch or not?

Publié en August 2018

The Scotch Whisky Association is a Scottish organisation protecting the trade in Scottish whisky both in Scotland and abroad. Taking the view that the marketing of a whisky under the designation ‘Glen Buchenbach’ (which is produced by the Waldhorn distillery in Berglen, located in the Buchenbach valley in Swabia, Germany) was infringing the geographical indication ‘Scotch Whisky’, it brought an action before the Landgericht Hamburg (Regional Court in Hamburg, Germany),

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