Niclas Dahlberg
Conditions for bad faith in Sweden
By Niclas Dahlberg | Posted on May 10, 2017
The Patent and Market Court has recently in a decision (case PMÄ 15622-16), dated 25 April 2017, ruled that knowledge of someone else’s prior use of a trademark alone does not suffice to constitute bad faith. A Swedish company applied for registration of the trademark “Lyckliga Gatan” for clothes in Class 25. The Opponent filed...
Filed under: Insights
Tags: Bad faith, sweden, trademarks
Use of non-distinctive signs
By Niclas Dahlberg | Posted on March 21, 2016
The new Regulation (EU) 2015/2424 amending Council Regulation 207/2009/EC on the Community Trade Mark will enter into force from 23 March 2016 To the list of activities which a trademark owner will not in future be able to prevent a further exclusion has been added. The descriptive use defense (on the kind, quality, quantity, intended...
Filed under: Insights
Tags: Community Trade Mark
End to own name defence for corporate names
By Niclas Dahlberg | Posted on March 16, 2016
The new Regulation (EU) 2015/2424 amending Council Regulation 207/2009/EC on the Community Trade Mark (CTM) will enter into force from 23 March 2016 The use of another’s registered trade mark without consent as a trade name or company name will now specifically be deemed infringing use. Using a sign as a trade name or a company name can infringe...
Tags: Community Trade Mark, CTM, EU trademark application, Maier v ASOS
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