2005 Ecj Cases

The U.K. Patent Office has published a list of the get-go batch of references to the ECJ relating to IP made inward 2005:

-References made inward the 2 August Storck cases, regarding the registrability of Werthers toffee sweets together with their wrapping. says that this example is peculiarly interesting because inward 1 of the cases the CFI applied the postulate to proceed certainly marks costless for others to purpose to lack of distinctiveness, fifty-fifty though its to a greater extent than traditional domain is descriptiveness.
-Commission of the European Communities v the Kingdom of Spain – alleged failure of Kingdom of Spain to properly implement the populace lending together with retain rights
-Adam Opel AG v Autec AG – does a toy scale model of a existent automobile infringe the existent car-maker’s merchandise marks? Trade grade purpose rears its ugly caput 1 time again inward the referred questions…
-Siemens AG v VIPA gesellschaft für Visualisierung und Prozebautomatisierung mbH – interpretation of the Comparative Advertising Directive.

It’s yummy – simply is it a merchandise mark?

salutes the Patent Office for providing this incredibly valuable service. He has 1 tiny criticism though – it’d hold out squeamish to come across the countries that accept made the references recorded. too advises his readers to read the information close how the Patent Office deals amongst ECJ references from other Member States/appeals from CFI decision.

Sweet shapes here
Why Werthers are meliorate than gender activity (and other toffee trivia) here
Werthers for grown-ups here