SONN Patentanwälte – IP Attorneys

  1. 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...

  3. 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...

  4. 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"...

  5. "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...

  6. 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...

  7. Special transparent packaging for a foamy sweet product

    In Austria there is a producer for sweet products famous for its foamy sweets in the form of a bomb. The outer form of those sweets was denied trade mark protection back in 1976 since their bomb-form is technically the best way to produce such sweets out of sweet foam. In 1969 the producer...

  8. 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...

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