SONN Patentanwälte – IP Attorneys

  1. 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...

  2. 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...

  3. 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...

  4. 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...

  5. 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...

  6. Scope of Protection of Renowned Marks

    On the basis of its RED BULL- and BULL-marks for alcoholic and non-alcoholic drinks and class 3 goods like perfumes, the firm behind RED BULL has requested cancellation of the word mark PITBULL and the device mark showing in the center the head of a pit-bull terrier with the word PITBULL...

  7. Domain name rules clarified

    The uncertainties in the jurisprudence about the possibility to cancel domain names formed by using the names of others has now been clarified. In two decisions regarding domain names for websites criticizing the activity of the names' owners the Austrian Supreme Court made new clear rulings.

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