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BRAND & DESIGN
Intellectual property vouchers for SMEs - how to get 50% reimbursement of trademark/design application costs
Starting January 11, 2021. The European Union Intellectual Property Office (EUIPO), together with the European Commission, has launched a call for applications under The Ideas Powered for Business SME Fund program, which aims to support European small and medium-sized entrepreneurs (SMEs) in accessing intellectual property rights. Under the program, SMEs can apply for a grant [...]


FILM, MEDIA & GAMING
Computer games in the light of copyright law. What is allowed and what is not allowed to be shown in the game.
The computer games market has been growing faster and faster in the recent years, and with it - numerous legal problems are growing. Main issues that are most often becoming the proverbial bone of contention include trademarks and copyright infringements. We have already discussed the importance of trademarks in games and the importance of trademarks [...]


BRAND & DESIGN
Trademarks in computer game
Profits from computer games and e-gaming over the last decade are so high that many investors do not hesitate to place their capital in this sector. No wonder that games producers tend to exploit them to the greatest possible extent, protecting game titles and other characteristic elements as registered trademarks. Registration of game titles as [...]


BRAND & DESIGN
The Supreme Court gives a green light for the registration of vulgar trademarks
Just over two weeks ago, the US Supreme Court issued a ruling that shocked the public. In the Matal vs. Tam case[1], the judges ruled the Lanham Act was unconstitutional. The Act constituted the basis for the United States Patent and Trademark Office to refuse to register trademarks containing derogatory, offensive or vulgar elements against [...]


BRAND & DESIGN
Fictional characters and titles as European Union trademarks
Some fictional characters and titles are brands in themselves, so using them as word trademarks may seem a natural consequence of this. What if we would like to register the name of a well-known hero or the title of a book or movie as a European Union trademark? The EUIPO website in an optimistic manner [...]


BRAND & DESIGN
The simplicity of the sequence of two sounds is not enough for the EU’s trademark for sound.
Brazilian media group Globo Comunicação e Participações filed a complaint against the European Union Intellectual Property Office's (EUIPO) refusal of the registration forthe EU trademark in the form of a sound (ECJ Judgment of September 13ht, 2016 in T-408/15 case). The basis for the absolute refusal was... the simplicity of the sequence of two sounds. [...]


BRAND & DESIGN
Rights of the licensees of EU trademarks and Community designs in the light of the Court of Justice judgments
This year, the CJEU has issued two important rulings on the rights of EU trademark and Community design licensees. These interpretations are undoubtedly beneficial for the licensees. They take into account not only a literal interpretation of the provisions, but also their context and objectives. CJEU judgments concern the right of the licensees of EU [...]


FILM, MEDIA & GAMING
Augmented reality in games – what is left unsaid about Pokémon Go
A Universe familiar to many has returned in a completely new form – as an application for mobile devices. Pokémon Go has gained huge publicity. Observing the success of Niantic Labs – the creator of the game – we can’t go without asking question about how the company will cope with the placement of ads, [...]


BRAND & DESIGN
Mc & Mac ONLY for McDonald’s?
The EU court has ruled the prefix ‘Mc’ or ‘Mac’ cannot be used with the name of a foodstuff or beverage other than McDonald’s.   This story began in 2008 when the company Future Enterprises, of Singapore, applied for registration of the EU trademark ‘MACCOFFEE’ for foodstuffs and beverages. This application was received two years [...]


BRAND & DESIGN
Brand monitoring, a new obligation for entrepreneurs (?)
On Friday (April 15th this year) revolutionary changes in the regulations on the registration of trade marks in the Polish Patent Office came into force. Since then, the registration of a mark in Poland will be based on virtually the same terms as the registration of European trade marks in the European Union Intellectual Property [...]


BRAND & DESIGN
Are the stripes on sports shoes reserved only for Adidas?
Adidas may well be the most known and recognizable brand for sports shoes and clothes in the world. The famous three stripes by Adidas are probably well known to everyone. However, choosing banal and popular pattern as the mark for your products, you will probably face similar ideas by competitors. Adidas has been challenging them [...]


BRAND & DESIGN
History of Coca-Cola’s contour bottle continued
Coca-Cola offers us not only a ‘unique refreshment’ in a designer bottle, but also brings something to the EU acquis communautaire by losing (this time) its battle to register their bottle as a three-dimensional trademark. The European Union Court dismissed the complaint of The Coca-Cola Company against the decision of the Office for Harmonization in [...]


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