Christmas donation 2015

Our Christmas donation 2015 was given to “Sterntalerhof” and “St. Anna Children’s Cancer Research Institute”. The “Sterntalerhof” is a children’s hospice in the original sense of the word, namely a harbourage where hope can grow anew, families can find peace, tank up on strength, and return home with confidence – all the time accompanied with … >> read more

01.12.2015

McDonald’s wins and loses

McDonald’s opposed the trademark MCBERG for clothing et al. in class 25, for services for education, entertainment et al. and in class 41 and for providing food and drinks, provision of accommodation in class 43. Likewise it opposed four other trademarks McMountain, McTyrol, McTirol (figurative) and McTirol (word) registered for the same goods and services. … >> read more

01.06.2015

Counter-Action for Invalidity of a Community Trade Mark

The basis of this case (OGH 4 Ob 98/14m “Feeling”) was that as a defence against the assertion of an infringement of the Community Trade Mark “Feeling” in Austria a counter-action for revocation because of non-use and for invalidity because of a bad faith application was lodged. But before that an action for invalidity has … >> read more

01.04.2015

Bad Faith and Intent to Use

According to Austrian law, reasons for trade mark invalidity, such as bad faith, can be raised as defences in an infringement action. Such defences have to be decided as preliminary questions. For deciding on bad faith we have two decisions of the CJEU (Court of Justice of the EU) as guidance, namely C529/07 Chocoladefabriken Lindt … >> read more

01.02.2015

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01.01.2015
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