Conflict between foreign language trademarks

This case is a dispute between two Turkish traders in foodstuffs in Austria. It is a case of trade mark opposition proceedings so that only the registered goods count and not the market fact that these food products are all “halal” (that is, according to Islamic food rules) since this is not reflected in the … >> read more


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


Take it e@sy

In a recent judgment the Austrian Supreme IP Tribunal had to decide on the likelihood of confusion between the older figurative mark “e@sybank” and the younger Austrian figurative mark “e@syCredit”. Whether “e@sybank” is distinctive with respect to banking services and to what extent was already under dispute before the General Court (T-87/00), which found in … >> read more


Broken wings

As already reported some time ago (news April 2011) RED BULL’s trade mark “FLÜGERL” (meaning “small wings” in the German language) had been cancelled as the Austrian Supreme Court found the sign was only used in a descriptive manner for alcoholic drinks, but not as a designation of origin. After cancellation of the “FLÜGERL” trade … >> read more


Split relevant Public in Trade marks

In one of its recent judgments, the Austrian Supreme Court had to decide on the likelihood of confusion between the word mark “Sinupret” registered i.a. for pharmaceutical products and the sign “Sinuvex” used for pharmaceutical products. The court of first instance and the appeal court both found that “sinu” is of little distinctive character as … >> read more



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