Some trademarks become distinctive not because of their originality but because of their position on a specific product. Although position marks can be accepted for registration by the Office for Harmonisation in the Internal Market, they tend to run into refusal by the General Court and the European Court of Justice. This also happened to an application for a position mark consisting of two parallel slanted stripes positioned on the lower part of panel pants.
- Posted by David Schreuders
- On 8 February 2016
- cyber security, Wet gegevensverwerking en meldplicht cybersecurity, Wet meldplicht datalekken
January 2016 could be characterized as an interesting month for cybersecurity from a Dutch legal perspective. I will briefly discuss four developments that will further shape the Dutch cybersecurity landscape.
Decision shows importance of considering possible existence of specialised sub-group among relevant public
- Posted by DLA Piper
- On 26 January 2016
In Research Engineering & Manufacturing Inc v Office for Harmonisation in the Internal Market (OHIM) (Case T-558/14), the General Court has dismissed Research Engineering & Manufacturing Inc’s (RE&M) appeal against a decision of OHIM. RE&M argued that the Fourth Board of Appeal of OHIM had wrongfully declared that the word sign TRILOBULAR was invalid due to a lack of distinctive character.
In a previous blog I wrote about the importance for trademark owners to stand up against illicit parallel trade. Parallel traders can to a great extent undermine your branding strategy. The legal landscape of the possibilities to act against parallel trade is on the move. Today I write a blog on a recent legal development in which our team is involved.
Our team is frequently dealing with issues relating to illicit parallel import. Illicit parallel trade greatly affects the sales figures and pricing strategy of trademark owners. Therefore, trademark owners more and more use their trademark rights to control the first introduction of their products on the EU market. As an introduction to parallel trade, the possibilities it offers for trademark owners and the recent developments in this turbulent field of law, I will post a triptych on the topic on this blog. Today part I.