New Regulation on the European Union trade mark from 1 October 2017


Regulation (EU) 2017/1001 of 14 June 2017 on the European Union trade mark (codification) has been published in the Official Journal of the European Union on 16 June 2017.


Purely plant based products may in principle not be marketed under designations for milk products

IPPT20170614, CJEU, VSW v TofuTown

Sales Descriptions - Purely plant based products may not be marketed under terms as ‘milk’ and other designations that are reserved exclusively for milk products by Regulation No 1308/2013: even if those terms are expanded upon by clarifying or descriptive terms indicating the plant origin of the...


CPVO president has the power to insert, on completion of the technical examination of a variety, a new characteristic in respect of that variety

IPPT20170608, CJEU, Schniga v CPVO

Plant Variety Rights - General Court erred in law in the finding that Article 23(1) of the implementing regulation did not grant the President of the CPVO the power to insert, on completion of the technical examination of a variety, a new characteristic...


Making available and managing platform such as “The Pirate Bay” constitutes communication to the public

IPPT20170614, CJEU, Brein v Ziggo-XS4ALL

Copyright - The making available and management of an online sharing platform such as The Pirate Bay that offers an index classifying protected works and a search engine that allows users of that platform to locate those works and to share them in...


German Constitutional Court stops implementation UPC


The German Constitutional Court has asked the German legislator to put the implementation of the UPC on hold. The reason of this request, according to the German media, is a constitutional complaint by an unnamed private person.




The use of an individual EU trade mark as a label of quality is not a genuine use

IPPT20170608, CJEU, WF Gozze Frottierweberei v Verein Bremer Baumwollborse

Trade Mark Law - The use of an individual EU trade mark as a label of quality is not a genuine use. An individual trade mark cannot be declared invalid, on the basis of Article 52(1)(a) and Article 7(1)(g), because the proprietor of the mark...


Request for preliminary ruling concerning the sampling of phonograms

Pending Case law

A request for preliminary ruling in the case of the sampling of Kraftwerk’s Metall auf Metall.


Relaunch IP-PorTal: platform for EU IP Law


IP-Portal publishes EU intellectual property materials for IP professionals and students of European IP law. IP-Portal is a publication of B9 Publishing, the publisher of the Dutch IP-website, live since 2004.


Opinion Advocate General Wahl on class headings and trade mark use in an abbreviated form

Pending Case law

Trade Mark Law. Opinion of CJEU Advocate General Wahl after EUIPO appealed against a judgment in which the General Court held that the Court’s statement in IP Translator does not affect the extent of protection afforded...


Explanation of the concept ‘establishment’ (art. 97(1) Regulation No 207/2009) at a legally distinct second-tier subsidiary

IPPT20170518, CJEU, Hummel v Nike

Trade Mark Law - Private International Law - A legally distinct second-tier subsidiary, with its seat in a Member State, of a...


General Court erred in law with regard to homogeneity of goods and services with respect to the reasoning of absolute grounds of refusal

IPPT20170517, CJEU, EUIPO v Deluxe Entertainment

Trade Mark Law - The General Court erred in law by stating that the goods and services covered by the application for registration of the sign ‘Deluxe’ displayed such differences as regards their nature, their characteristics, their intended use...


Ornamental and fanciful aspects do not preclude the ground for refusal under article 7(1)(e)(ii) of EU Trade Mark Regulation

IPPT20170511, CJEU, Yoshida v EUIPO

Trade Mark Law  - Ornamental and fanciful aspects do not preclude the ground for refusal under article 7(1)(e)(ii) of EU Trade Mark Regulation (exclusively the shape of goods that is necessary to obtain a technical result), in so far as those...


Case law about distinctiveness 3d-marks applies to marks consisting of twodimensional representations of products

IPPT20170504, CJEU, August Storck v EUIPO

Trade Mark Law - Case law in respect to distinctiveness of three dimensional trade marks consisting of the appearance of the product itself also applies in respect of figurative marks consisting of the two-dimensional representation of the...


Opinion A-G Szpunar on parallel actions based on EU and national trade marks

Pending Case law

C-231/16, Merck v Merck, Opinion of A-G M. Szpunar. Prejudicial questions Landesgericht Hamburg.



Sale of multimediaplayer which offers access to unauthorised content through pre-installed add-ons is a communication to the public

IPPT20170426, CJEU, Brein v Filmspeler

Copyright - The sale of a multimedia player on which add-ons are installed that link to websites on which protected works are made available to internet users without the consent of the copyright holders, constitutes 'communication to the public'....


Request for a preliminary ruling concerning supplementary protection certificates

Pending Case law

Patent Law. C-121/17. Teva UK, Accord Healthcare Limited, Lupin Limited, Lupin Europe Limited, Generics (...


No error of law by the General Court with regard to the earlier business name Forge de Laguiole

IPPT20170503, CJEU, EUIPO and Forge de Laguiole v Szajner

Trade Mark Law - Litigation. No error of law by the General Court in demarcating Forge de Laguiole’s business sectors in order to determine the scope of protection of the...


Preliminary questions on the inclusion of royalties and licence fees in the customs value

IPPT20170309, CJEU, GE Healthcare v Hauptzollamt Dusseldorf

Licence Fees, Customs Value - Article 32 (1) (c) of the Customs Code first does not require the amount of royalties to be determined at the time when an agreement is concluded or when the customs debt is incurred, in order for those royalties to be regarded when the value is to be determined.


Dissemination of broadcasts national broadcaster on its national territory is not communicating with a new public

IPPT20170316, CJEU, AKM v Zurs

Copyright - Full and unaltered transmission of programmes broadcast by the national broadcasting corporation, by means of cables on national territory, is not subject to the requirement that authorisation be obtained from the author, provided that it is...


No exception for works broadcast on television channels subject to public service obligations

IPPT20170301, CJEU, ITV v TV Catchup

Copyright - National legislation which states that there is no copyright infringement in the case of the immediate retransmission by cable including, where relevant, via the internet, in the area of initial broadcast, of works broadcast on...