Category

Trademarks and Trade Names

A finding of dilution requires careful analysis

November 30, 2013, ,
Strauss Adriatic doo, proprietor of the famous mark “Doncafe”, sued a defendant who had distributed coffee cups to which it affixed the mark. The Commercial Court in Belgrade found that...
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About trademark distinctiveness: three times, in one day

April 30, 2013, ,
On 25 April 2013, the Court of Justice of the European Union (General Court) rendered three judgments in cases initiated against decisions of the Office of Harmonization for the Internal...
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Further clarification from E.U. court about trademark-design relationship

April 29, 2013, ,
On 25 April 2013, the General Court of the European Union weighed in on the issue of relationship between three-dimensional marks and designs. In Su-Shan Chen v. OHIM, the Court compared...
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Highlighter infringes drawing of another highlighter, says Serbian court

April 9, 2013, ,
On March 21, 2013, the Belgrade daily Politika published the operative part of a judgment rendered by the Serbian Commercial Appellate Court in a rare case concerning trademark infringement of a drawing...
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Time ripe for introduction of trademark opposition proceedings in Serbia

April 2, 2013 and , ,
Serbia provides a rare example of a jurisdiction that does not use opposition proceedings as a means of ensuring that only those signs that fulfill requisite conditions receive protection under...
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E.U. General Court: “B Berg” creates likelihood of confusion when used for sportswear

February 26, 2013, ,
On 20 February 2013, in Caventa AG v. OHIM, the Fifth Chamber of the General Court of the European Union upheld the decision of OHIM’s Board of Appeal to deny registration...
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Kitkat, Hershey, Guylian, Mars,…Not all chocolates are trademark-equal

January 31, 2013, ,
Why are some chocolate shapes, and shapes of other candy, protected as trademarks and other shapes are not? The question comes to mind after reading the decision of 12 December 2012 whereby...
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Amendments of 30 January 2013 to the Serbian Trademark Act

January 31, 2013, ,
On 30 January 2013, the Serbian parliament adopted amendments to the Trademark Act of 2009. Most changes concern procedural aspects of the enforcement in case of an infringement. The remainder of the...
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Supreme Court of Cassation: Commercial courts have no jurisdiction over trademark disputes between non-commercial legal entities

December 20, 2012, ,
On 9 November 2012, the Serbian Supreme Court of Cassation (SCC) passed a decision resolving the negative conflict of competence that had arisen between the High Court in Belgrade and...
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Chianti wines: Dilution possible where marks for identical products are not confusingly similar

December 11, 2012, ,
The General Court of the Court of Justice of the European Union ruled last Wednesday that there was no likelihood of confusion between the figurative signs featuring a rooster as...
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