‘Color Edition’ is normal construction of words: The association of the terms ‘color’ and ‘edition’ was not unusual but a normal construction in light of the lexical rules of the English language and the mark did not therefore create an impression sufficiently far removed from that produced by the simple …more
Excluded from patentability: method for treatment by surgery: A claimed imaging method, in which, when carried out, maintaining the life and health of the subject is important and which comprises or encompasses an invasive step representing a substantial physical intervention on the body which requires professional …more
Second medical indication need not be treatment of another disease. Dosage regimes: The claimed definition of the dosage regime must not only be verbally different from what was described in the state of the art but also reflect a different technical teaching. Swiss type claims no longer necessary. Freedom of medical …more
Members of TNF-ligand superfamily not “capable of industrial application”: No plausible (at least in the sense of reasonably credible) use for any member of the superfamily. Authority of decisions of the Technical Boards of Appeal: We follow any principle of law clearly laid down by them, only reserving the right …more
Advertising slogan can be a mark: Distinctive character advertising message: In particular, where those marks are not merely an ordinary advertising message, but possess a certain originality or resonance, requiring at least some interpretation by the relevant public, or setting off a cognitive process in the minds of …more
Application of the Directive regarding unfair commercial practices: Scope ratione materiae which extends to any commercial practice directly connected with the promotion, sale or supply of a product to consumers. Prohibition in principle of commercial practices which make the participation in a lottery conditional on …more
Transfer of opposition: The status as an opponent cannot be freely transferred.A legal person who was a subsidiary of the opponent when the opposition was filed and who carries on the business to which the opposed patent relates cannot acquire the status as opponent if all its shares are assigned to another company.
Trade mark with a reputationThe territory of the Member State in question may be considered to constitute a substantial part of the territory of the Community.more
Prohibition of legitimate foreign operators from offering games of chance via the internet: that Article 49 EC does not preclude legislation of a Member State, such as that at issue in the main proceedings, which prohibits operators such as Bwin, which are established in other Member States, in which they lawfully …more
Dominant figurative element: The Court of First Instance thus attributed to the figurative element of the marks at issue the character of a dominant element in relation to the other elements comprising those marks, in particular the word element. That enabled it correctly to base its assessment on the similarity of …more
No adverse affect Geographical Indications Regulation 1347/2001 on pre-existing Bavaria trademarks. Geographical Indications Regulation 1347/2001 valid.
The act of printing out an extract of 11 words, during a data capture process does not fulfil the condition of being transient in nature and, therefore, that process cannot be carried out without the consent of the relevant rightholders. An extract of a protected work comprising 11 words, is such as to come within …more
For purposes of customs action, an internationally registered trade mark and a Community trade mark have the same effects.more