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


Trade Mark vs Company Name

In a recent decision of the Austrian Supreme IP Tribunal an Austrian auditor company named CONFIDA requested cancellation of three younger trade marks, all including the word CONFIDA and registered i.a. for auditing services and financial services in class 36. The cancellation action was based on the company name, whereas the company was registered in 1978 … >> read more


Demerger and Company name dispute

In a recent judgment the Austrian Supreme IP Tribunal had to decide on a dispute between the legal successors of a company. The sign KASTNER had been used since the 16th century for a confectionary in a small town in Upper Austria. In 2008 the business was split into the confectionary shop and an undertaking which … >> read more


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


No trade mark protection for the famous mixed drink “FLÜGERL”

Everybody who has ever been to Austria for skiing holidays, is very likely to have come across the famous mixed drink “FLÜGERL”; a “FLÜGERL” is a shot-like drink consisting of a RED BULL® and red or white vodka and is very commonly offered at après-ski huts in Austrian ski resorts. The trade mark “FLÜGERL” was registered … >> read more



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