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Tic-Tac prevails in dispute over MIK MAKI dragee container
European Court of Justice, intellectual property
In a judgment of 6 March 2019, the Court of Justice of the European Union gave its final ruling on a case surrounding invalidation of a community design presenting the box for MIK MAKI dragees. The invalidation was being sought by Ferrero SpA, claiming infringement of its registered figurative mark for Tic-Tac packaging.
Specifying the type of trademark in a registration filing has far-reaching consequences
It has now been more than 18 years since Enercon GmbH, a manufacturer of wind turbines, applied to register a colour trademark with the EUIPO consisting of a pillar with stripes in varying shades of green and white. The ECJ issued a definitive judgment on the extent of the protection granted.
Abolition of the graphical presentation requirement for national trademarks
already in force, intellectual property
One of the changes in the amendment of the Industrial Property Law is that there will no longer be a graphical presentation requirement for trademarks. From 16 March 2019, it is possible for trademarks to be presented in any form using generally available technology, provided that they are presented in a clear, precise, independent, understandable, durable, objective, and easily accessible manner.