New CJEU reference on genericness of trade marks

The Austrian Supreme IP Tribunal recently sent some questions to the Court of Justice of the EU (CJEU) Luxemburg to clarify certain aspects concerning the requirements under which a trade mark becomes generic. In the underlying case a revocation action was filed with the Austrian Patent Office arguing that the trade mark “Kornspitz” (which basically … >> read more


Christmas donation 2012

Our Christmas donation 2012 was given to “Ärzte ohne Grenzen” (Médecins Sans Frontières), “Ute Bock” and “Kinderurologie-Eritrea” (Paediatric Urology – Eritrea). “Ärzte ohne Grenzen”/ Médecins Sans Frontières (MSF) is an international, independent, medical humanitarian organisation that delivers emergency aid to people affected by armed conflict, epidemics, healthcare exclusion and natural or man-made disasters. “Ute Bock“: … >> read more

“Mozart” is descriptive for Liquor

At first sight one might think of music and not of liquor in connection with “Mozart”. However, the Austrian Supreme IP Tribunal recently ruled descriptiveness of “Mozart” for liquor as being notorious. The owner of the registered Austrian trade mark “MOZART” which protects alcoholic beverages (except for beers and liquor) in class 33 requested an extension … >> read more


Refund of costs for employees’ inventions

Employees have the obligation under Austrian Law to communicate their service inventions to the employer “without delay”. They have on the other hand the right to file themselves patent applications for their inventions. But there are no consequences in the law if they do not communicate their service inventions to the employer besides general damage … >> read more


Red Bull successfully enforces two colour trade marks

The famous Austrian manufacturer of energy drinks Red Bull recently successfully enforced CTM 2534774, a trade mark consisting of blue and silver, whereas these two colours make up half of the mark each. Red Bull sued the owner of the Polish trade mark “Run Cool” who consented to the production of an accordingly labelled energy drink … >> read more



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