Supreme Court confirms Fair use is devoid of distinctiveness

The case reported here concerns the application for registration of a figurative mark containing the word element “FairUse” in relation to print media (class 16), services in class 35 (computer databases, computer networks), class 38 (electronic communication) and class 41 (online publication of electronic newspapers). The Austrian Patent Office and the appeal court both denied … >> read more


Bavaria keeps Neuschwanstein

In a decision published 5 July 2016 (T-167/15), the General Court of the European Union (GC) confirmed that the sign “Neuschwanstein” was fully protectable as a European Union trade mark. In 2011, the Free State of Bavaria had successfully applied to register the word mark „Neuschwanstein“ as an EU trade mark for various goods and … >> read more


Magic Mountain distinctive for the organization of outdoor events

In a trademark dispute concerning the use of MAGIC MOUNTAIN for tourism services and, in particular, for the arranging and the organization of outdoor events and activity holidays, the Supreme Court now had a final word – at least as far as the injunction proceedings are concerned. The defendant had lodged an extraordinary appeal to … >> read more


Wonderfully distinctive

The assessment of the distinctiveness of trade marks consisting of a slogan remains a difficult issue before patent offices and courts throughout Europe. In a recent case, the Austrian Supreme IP Tribunal had to decide on the registrability of the word mark “WONDERFUL TONIGHT” for goods in class 3 (including parfumes, soaps, etc.). The first two … >> 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



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