We regularly publish articles on topics relating to intellectual property law.
The articles in this blog do not substitute professional legal advice by patent attorneys and attorneys at law.
The articles only provide an introduction to the topics of intellectual property law. Professional legal advice always requires considering the individual circumstances of a case.
Legal advice
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The international registration of a trademark For an international trademark application one needs a so-called basic trademark or at least a pending trademark application (basic application). The application for registration of an IR trademark must then be filed...
Research on patents and patent applications There are different forms of searches. Novelty of Invention: The novelty search is used to determine whether the invention meets the patentability requirement of novelty and what is already known about the invention...
DMPA: Patent Law Modernization Act The 2nd Patent Law Modernization Act for new regulations in patent law and other areas of IP protection was prepared for the long term and came into force on August 18, 2021. We reported on the planned new regulations in patent...
BGH, Urteil vom 15. 03.2022, X ZR 18/20, Fahrerlose Transporteinrichtung Patent owners must announce auxiliary requests with which they defend the patent in due time before the first instance oral proceedings. Even if the filing of new auxiliary requests not filed...
EuG, Urteil vom 17. 11.2021, T‑298/19, Think Schuhwerk GmbH One of the permissible trademark forms is the so-called “position mark”, i. e. a sign that is always to be applied in the same position on a product, whereby the registration is concerned in...
EuGH, Urteil vom 28. 10.2021, C-123/20, Ferrari/Mansory According to the Community Design regulation, it is possible to protect a product design via a so-called unregistered community design for a period of three years from the date on which it was first made...
OLG Düsseldorf, Urt. v. 20.9.2021, I-2 W 18/21, Rückrufvollstreckung I, Urt. v. 24.9.2021, I-2 W 19/21, Rückrufvollstreckung II The OLG Düsseldorf has extended the requirements for the fulfillment of a recall claim in patent law – in favor of the patent...
Trademarks in the European Union Worldwide interest in EU trademarks According to EUIPO, the sharp increase in EU trademark applications in 2020 was in particular due to the fact that China had been very active in filing trademark applications. As a result, the...
BGH, Urt. v. 29.07.2021, I ZR 139/20 – Lindt & Sprüngli With the ruling of the BGH, the golden hue of the Lindt hare is a protected use mark. Lindt-Sprüngli has been taking legal action against an Easter hare of Confiserie Heilemann for 3 years now, the...
OLG Düsseldorf, Urteil vom 15. 07.2021, 15 U 42/20, Patentverletzendes Angebot durch Bewerbung eines Referenzobjektes This case involved modularly configurable assembly and repair pits that are supplied and assembled. A patent owner who invoked its protection for...