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Mrz 15, 2018
Laurie Smith, J A Kemp, United Kingdom
First published on www.jakemp.com

Sieckmann Strikes Again – EUIPO Board of Appeal Cancels...


Laurie Smith, J A Kemp, United Kingdom, First published on www.jakemp.comThe EUIPO Board of Appeal recently upheld a request for a declaration of invalidity against the following grey/orange colour combination trade mark, on the grounds that its imprecision allows for multiple different combinations of the two colours. The case involved a variety of arguments from the parties relating to inherent and acquired distinctiveness, use of a mark in conjunction with another mark, bad faith, infringement and counterfeit goods. In the end, however, the decision of the Board of Appeal turned on a simple question: does the mark meet the  read more