COVID-19: EUIPO further extends time limits in trade mark and design proceedingsby Practical Law IP&ITRelated ContentThe Executive Director of EUIPO has extended EU trade mark and Community design time limits due to the outbreak of COVID-19.Get full access to this document with Practical LawTry free for one day and see for yourself how Practical Law resources can enhance productivity, … The publication includes abstracts of judgments, preliminary rulings and important orders rendered by the GC and the CJ in 2018. In addition, e-filing also offers an accelerated procedure called Fast Track. A registered Community design is valid in all countries of the European Union. In addition the general lawyers are admitted to practice before the German District and Appeal Courts and especially in matters of intellectual property. EUIPO is the European Union Intellectual Property Office responsible for managing the EU trade mark and the registered Community design. EUIPO TOP 25 Results for Germany, Hungary and the European Union SÜLE LAW FIRM are proud to announce that we have been ranked amongst the top 25 trademark e-filers by the EUIPO. The Office issues a revision of the Guidelines on a yearly basis. Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs. horak. Dear users, please be informed, that due to the technical reasons the CZ detailed services of DSView might be shortly unavailable on Wednesday, 3rd March 2021 approximately between 12:00 and 13:00. es-ES. If an application does not meet the requirements, the Office invites the applicant to remedy the deficiencies or default within two months from the date of notification of the deficiency. 11 of the Law no. EU: Consumable Products, a special part of design law Nina Dorenbosch EU: General court decision reiterates the importance of clarity in graphical representations This “Free personalised Intellectual Property support” is part of the “ideas-powered-for-business” programme funded by a 20 million Euro EU grant scheme which was created to help European SMEs access their intellectual property rights. The EUIPO e-filing procedure may be able to improve the quality of the application documents, but it does not change the basic design right: it is an unexamined industrial property right because the Office only examines the formal requirements for registration. The views should be carefully planned because a maximum of seven different views can be submitted. Trademarks and Designs of the European Union (EUIPO) and the British Intellectual Property Office (UKIPO), and covering all major technological fields. Bulgarian SMEs now have a great opportunity to gain a financial support for trademark and industrial design registrations in Bulgaria and the EU. Rufen Sie uns an, schicken Sie uns eine Mail oder füllen Sie das Kontaktformular aus. However, the applicant must also indicate a second language, which must be a language of the Office, i.e. Industrial Design. It covers patents, registered designs and trade marks, and any combination of the three. the application was submitted electronically using the four-step form; Priority documents, if priority has been claimed, are attached to the electronically filed application (this is not necessary if the earlier application was filed with the Office); Fees must be debited from an account at the Office or paid by credit card. Give us a call, send us an email or fill out the contact form. In this context, this University Diploma provides a unique opportunity to learn from highly qualified practitioners, academics and EUIPO officials the ins and outs of these EU uniform IP rights. The Guidelines on EU trade marks and the Guidelines on registered Community designs that are currently in force were adopted by the Executive Director on 08/02/2021 (Decision No EX-21-1), and entered into force on 01/03/2021. Best Practices. +49 (0) 69 / 606 278 – 0 ... No 6/2002, is the date on which documents containing the information specified in Article 36(1) are filed with EUIPO, enables the proprietor of the design concerned to benefit from the right of priority, as provided for in Article 41 of Regulation No 6/2002. Trademark Protection. View in maps Our reading of all the national case law shows that such confusion exists to some extent in some Member States, although it seems to progressively recede, most probably owing to the case law of the EUIPO and the EU courts and the national courts’ growing experience in the new EU design … The EUIPO's Official Journal along with legal texts and updated practice guidelines regarding the European Union trade mark and the registered Community design. Community design obviously ready for deletion, Danger for design protection: Products offered online belong to the previously known designs, Kerrygold vs. Kerrymaid: likelihood of confusion, Puma vs. Puma system: TM registration for remote goods, BGH and Coty / Davidoff: Duty to provide information for Amazon Luxembourg. EUIPO GUIDELINES FOR EXAMINATION OF REGISTERED COMMUNITY DESIGNS, Design Law Design,  Guideline EUIPO,  Revised Guideline of the EUIPO,  Community design application,  representation,  neutral background,  E-Filing,  Guideline, Your email address will not be published. The EUIPO have released their figures for Q3 2020, and our firm has been included in their list of top filers across the … Read more, Contact lawyers in Hungary: budapest@sulelaw.com, Contact lawyers in Germany: berlin@sulelaw.com. We are an intellectual property, data protection, advertising law & technology law firm in Hungary and in Germany. Your email address will not be published. Required fields are marked *. More information can be found in our privacy policy. EUIPO's new pro bono programme was presented during the virtual meeting of FICPI and the EUIPO on 10 December 2020. We are an intellectual property, data protection, advertising law & technology law firm in Hungary and in Germany The Diploma in “European Union Trade Mark and Community Design Law” is a professional training program for practitioners (and future practitioners) active in this area. Trade mark guidelines. Find the answers to all your questions on trade marks, designs and our online services. February 2021 – The European Commission and The European Intellectual Property Office have launched a small and medium-sized business fund (SME Fund) to provide reimbursement for trade mark and design application fees and pre-diagnostic services.The grant scheme, designed to encourage SMEs to expand their IP portfolios, has … IPKey-LA_Ecuador_Junio-2019_Taller-herramientas-04-conclusiones_es.pdf. In principle, it is recommended to use perspective views of the design, as the purpose of graphic representation is to disclose the features of the design to be protected – clearly and unambiguously. EUIPO Convergence program. In its updated Guideline, the Office strongly recommends filing applications and applications for EU-wide protection by electronic means (e-filing). The webinar was streamed live and over 120 persons from all over the EU watched it live. Launched in the framework of EUIPO's 2020 Strategic Plan, this event brings together a panel representatives of user associations who audit a sample of decisions taken by the Office. It … The Global Design Database now includes the regional collection of EUIPO (European Union Intellectual Property Office) with more than 1, 156, 600 design models. 3D printing in design/copyright: Violation of IP rights (2)? Contact us. Nevertheless, in design law as well as in patent and trademark law, a lack of novelty and individual character can lead to proceedings for a declaration of invalidity. c. Acquiring insight in trademark procedures, design procedures and litigation proceedings by attending trainings and cross-examining TM dossiers and design dossiers; d. Managing IP databases (TMView, DesignView, eSearch Case Law, eSearch Plus, TMclass, Similarity, Design Class). One the participants stated in their survey after the webinar: "I am very impressed by Professor Derclaye. On the basis of the applicable legislation the computer-animated design-generating 3D motion simulation can only be considered as an additional technical means of viewing the design which does not replace traditional static views. These rights complement national intellectual property (IP) rights and are linked to international IP systems. Doc Type. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. Show more Show less DETAILS. These cookies will be stored in your browser only with your consent. The EUIPO, which was known as OHIM until 23 March 2016, can provide applicants with exclusive rights for trade mark and design protection throughout the European Union (EU) with just a single application. DESIGN PROTECTION FOR GRAPHICAL USER INTERFACES | 3 Acknowledgements Task force Chair Lili Wu, CCPIT Patent and Trademark Law Office Lead drafters Elisabeth Logeais, UGGC Avocats José Antonio Romero, AVA Firm Lili Wu, CCPIT Patent and Trademark Law Office Contributors on national systems The EUIPO's Executive Director just issued Decision No.EX-20-3 according to which all deadlines expiring between 9 March 2020 and 30 April 2020 inclusive that affect all parties in proceedings before the Office are extended until 1 May 2020. In Dvectis CZ v EUIPO (Case T-818/19) EU:T:2020:486, the EU General Court has dismissed an appeal against a decision of an EUIPO Board of Appeal declaring a Community design registration for support pillows invalid. EUIPO announced in the official notice of extension of time limits for trade marks and designs that the extension would be granted pursuant to Article 101 (4) CDR and Article 58 (4) CDIR. EUIPO Top 25 – New rankings of Süle Law Firm in Hungary, Germany and in the EU, Brexit – cloned UK trade mark and design representation – free of charge. The Legal Practice Service of EUIPO has prepared an overview of the Case-Law from the General Court (GC) and Court of Justice (CJ) in Luxembourg with regard to trade mark and design matters. In order to claim priority when filing a design application, the updated Guideline expressly requires the indication of relevant details. Hard-working, committed and dedicated Lawyer with 5 years’ experience. Meyer-Dulheuer MD Legal Patentanwälte PartG mbB, Danger for design protection: products offered online belong to the previously known designs, Final round in community design: Jägermeister challenged EUIPO again and lost. ... Doc Tags. When the Office receives a communication by electronic means, the indication of the sender’s name is deemed to be equivalent to his signature. 211/2008 for implementing the Design Law No. Edition 2021. General IP Protection and Enforcement. Design guidelines. The Guidelines on EU trade marks and Therefore, the Office’s Guidelines on registered Community designs that are currently in force were not legal acts, but self-imposed rules of conduct adopted by the Executive Director on 12/12/2019 (Decision No EX-19-4), and entered into force on 01/02/2020. We won't set optional cookies unless you enable them in the Cookie settings. Website content Website content eSearch plus Trade marks, designs, owners,representatives and bulletins eSearch case law Office Decisions, GC/CJ Judgments and IPR National Courts TMview Trade marks in the European Union TMClass Classification for … 129/1992 on design protection, read in conjunction with the art. EUIPO offers SMEs trade mark and design grants of up to EUR 1500. CP6 – “Convergence on graphic representations of designs” ... and art. The webinar was streamed live and over 120 persons from all over the EU watched it live. In this section. Design and trademark protection and brexit: Need for action? 13 (6)a) of G.D. no. Software. Directives & Regulations CDR – Community Design regulation Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs. This website uses cookies to improve your experience while you navigate through the website. An application for the registration of a Community design can be filed electronically (e-filing), by post or by personal delivery directly to the EUIPO. The EUIPO’s Invalidity Division declared that the registered Community design is invalid because it does not have individual character over a prior trade mark registration. Edition 2020. Our lawyers are experienced in trademark and patent law, national and international law. The European Union Intellectual Property Office (EUIPO) administers the EU Trade Mark and Design rights, applicable throughout the EU. In this section you will find the law relating to the European Union trade mark (EUTM) and the registered Community design (RCD), as well as to key international agreements. EUIPO – LAW & REGULATIONS. Doc Language. Regardless of the form used for filing the application (e-filing, paper or telecopier), the design must be presented as a static view on a neutral background and must expressly not be retouched with ink or correction liquid. The methodology has also been improved by a team of economists from the EPO and EUIPO. D-60486 Frankfurt am Main If the priority of one or more earlier applications is claimed in the application but without a copy being produced or the priority of an exhibition without a corresponding certificate being produced, the applicant may file a copy within three months of the filing date (Articles 42 and 44 CDR; Article 8(1) and Article 9(1) CDIR). EUIPO sets a clear time limit for remedying deficiencies, which applies to both EU trademark applications and Community design applications. On 11 June 2019, Professor Derclaye gave a webinar based on her recent article "An empirical analysis of the design case law of the EU Member States" at the European Intellectual Property Office (EUIPO). A EUIPO and European Patent Office study on IPR-intensive industries found that they generated around 29% of all jobs in the EU between 2014-2016 (direct contribution), with 14% in design-intensive industries. A design is the appearance of a product: its shape, patterns and colours. In a welcome announcement, the EUIPO has confirmed that, with effect from 11 July 2020, it is now possible for any submitted EU registered design… This brings to 12 the number of national/regional offices whose data is available in the Global Design Database. The revised EUIPO Guideline highlights in particular the possibility of electronic e-filing – and document requirements when applying for a Community design. It was amended by Council Regulation No1891/2006 of 18 December 2006 amending Regulations (EC) No 6/2002 and (EC) No 40/94 to give effect to the accession of the European Community to the Geneva Act of the Hague … You will also find our Executive Director's decisions and communications, along with the rules concerning the Boards of Appeal. International law. We would like to show you a description here but the site won’t allow us. Edition Legislative Reform II (2017) Edition 2020. You find the E-Filing by following link from EUIPO: EUIPO E-Filing. Germany, +49 (0) 69 / 606 278 – 0 Trade mark guidelines. Doc File. Drawings, photographs (but not slides), computer-generated reproductions or other graphic reproductions are acceptable provided that they can be reproduced, including on a paper certificate of registration. The EUIPO Guidelines on registered Community designs that are currently in force were adopted by the Executive Director on 14/09/2018 (Decision No EX-18-2), which entered into force on 01/10/2018). So far, the extension applies to all periods which would expire between 30 January 2020 and 28 February 2020 inclusive, extended until 29 February 2020. an administrative decision. The revised EUIPO Guideline highlights in particular the possibility of electronic e-filing – and document requirements when applying for a Community design. Community Designs protection system overview | EUIPO ... EU IP Law. This decision is in force since 15 February 2020. +49.511.357356-0 Fax +49.511.357356-29 hannover@design-attorney.de Deadlines for the filing of copies are also specified.
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