News

11.08.2008

Amendments regarding infringement action for French trademarks and designs

1) Absence of recordal in the French Register of trademarks or designsArticles L. 513-3 and L. 714-7 of the French Intellectual Property Code establish the principle that any transmission or modification of rights concerning a...

Category: MFR, DFR

03.08.2008

2008 AIPPI Meeting in Boston

Nicolas Dufay will represent Cabinet Chaillot at the AIPPI Meeting in Boston from September 8 to September 11. Do not hesitate to contact him for a meeting.


05.04.2008

INTA Annual Meeting in Berlin

Julie Desrois will represent Cabinet Chaillot at the INTA Annual Meeting in Berlin from May 17 to May 21. Do not hesitate to contact her for a meeting.


16.03.2008

The London Agreement: simplification of national stages of the European patent

According to the London Agreement, the validation stage of the European patents the date of grant of which will be published from the 1st May, 2008 will be simplified.[more]

Category: BFR, BEP

16.02.2008

Adopting of two Common regulations intended to link the common system of Designs to the International System

These measures permit to obtain, over the course of a single filing, the protection of a design in all European Union countries as well as in other countries of the Geneva Act (currently 23 countries)[more]

Category: DEM

15.06.2007

Reproduction of a trademark on scale model cars

Toy manufacturers frequently reproduce in miniature the original models created and sold by cars manufacturers, placing a particular importance on the exact reproduction of the original models by these miniatures. This practice...[more]

Category: MFR, MEM

15.05.2007

Validity of a personal name as a trademark

A personal name is nowadays frequently used as a trademark, trade name or sign. However, it is a source of litigation, as indicated by an important case law, to which belongs the judgement Elizabeth Emanuel of 30/03/2006.[more]

Category: MFR, MEM

15.02.2007

Objection of a member of a board of appeal of the EPO

This decision is about the grounds of objection of a member of a Board of Appeal. The EPC's article related to this point of law is the Art. 24 EPC[more]

Category: BEP

15.01.2007

New Nice Classification : 9th Edition of the Trademarks International Classification

The new edition of Nice Classification is in force as from January 1st, 2007[more]

Category: MFR, MEM

15.12.2006

EU enlargement

Two new countries (Bulgaria and Romania) will enter in the European Union on 01/01/2007[more]

Category: MEM

15.11.2006

Right to file a divisional EP patent application, suspensive effect of the appeal J28/03

The Board pointed out that the term "suspensive effect" does not mean the immediate cancellation of the objected decision. The suspensive effect means that the consequences resulting from an objected decision do not occur...[more]

Category: BEP

15.10.2006

Use of trademarks in the advertising links of the search engines

Jugdment of the Court of First Instance of Paris of 12/07/2006 regarding trademarks in sponsored links of Google[more]

Category: MFR

26.02.2006

EPC will enter into force on 13/12/2007 at the latest

Under Article 8(1) of the Revision Act, the revised European Patent Convention will enter into force two years after the fifteenth state has deposited its instrument of ratification or accession[more]

Category: BEP

26.12.2005

Decision G01/04 - Diagnostic methods under Article 52(4) EPC

On 29 December 2003, the President of the EPO, requested to the Enlarged Board of Appeal : to clarify the meaning of the wording "diagnostic methods practised on the human or animal body" within the meaning of Article 52(4) EPC.[more]

Category: BEP

26.11.2005

Olfactory trademarks :Judgement of The Court of First Instance of the EC - T 305/04

On 27/10/2005, the Court of First Instance of the European Communities gave a judgement T-305/04 regarding olfactory trademarks and their representation.[more]

Category: MEM

26.08.2005

Decision G02/04 - Transfer of opposition

On 25/05/2005, the Enlarged Board of Appeal of the EPO has rendered a decision G 2/04 on the possibility of transferring an opposition from an opponent to another party.[more]

Category: BEP

26.01.2005

European patent and priority claiming from a patent application in a state not member of the Paris Convention (G 2/02)

On April 26, 2004, the EPO Enlarged Board of Appeal gave its decision regarding claiming the priority from a first filing in a state which is not a member of the Paris Convention but a member of the WTO/TRIPS Agreement.[more]

Category: BEP

26.06.2004

Allowability of Disclaimers in patent - Decision G 1/03

On April 8, 2004, the Enlarged Board of Appeal of the European Patent Office disclosed two decisions G 1/03 - G 2/03 relative to the allowability of disclaimers (negative feature) during a patent examination or opposition.[more]

Category: BEP

26.06.2004

European patent problem-solution approach in the decision T 641/00

In a decision G 1/03 - G 2/03 dated September 26, 2002, a Board of Appeal of the EPO has underlined the compulsory technical aspect of an invention, not only in the object of the patent, but in the appreciation of obviousness.[more]

Category: BEP

26.09.2003

Small-scale model car : infringement

The Court of Justice underlines that the reproduction under the form of a miniature constitutes an infringement, this cannot be acceptably denied without any extentive interpretation of the text[more]

Category: MEM

26.07.2003

Filing a color per se as a trademark : Judgment C-104/01 of the CJEC

On 6 May 2003, the Court of Justice of the European Communities (CJEC) gives a Judgment (C-104/01) on the validity of a mark composed by a color per se.[more]

Category: MEM

26.02.2003

Decision G01/02 of the EPO Enlarged Board of Appeal

On 22 January 2003, the EPO Enlarged Board of Appeal disclosed a decision G 1/02 relative to the competence and the nature of the “decisions” of the formalities officers [more]

Category: BEP

26.01.2003

Chio pita / Chipitta : no likelihood of confusion according to the Second Board of Appeal of the OHIM

In the case R 1022/2000-2, the Second Board of Appeal of the OHIM rejected the opposition against the application for a complex trademark Chipitta [more]

Category: MEM

26.11.2002

Infringement of a French design : application of the new law

The Ordonnance n° 2001-670 of July 25, 2001, in force on July 30, 2001, modified the criterias allowing the appreciation of the validity of a French design and the infringement thereof.[more]

Category: DFR

26.10.2002

Similarity of goods and services designated by Community Trademarks

Two appeals relating to opposition division decisions allow to illustrate the comparison of goods as it is studied by the OHIM.[more]

Category: MEM

26.09.2002

Infringement of a plant variety : the strawberry-plant : "Mara des Bois"

Group M., nurserygardener breeder is the owner of a new plant variety certificate for a variety of strawberry-plant named "Mara des Bois".[more]

Category: BFR

26.08.2002

Infringement : the customs measure

One of the means proposed by the French Law against the infringement of a design or a trademark is that the customs administration may suspend:[more]

Category: BFR, MEM, MFR, DFR, DEM

26.07.2002

Descriptiveness of Community Trademarks since the Baby-dry case-law

The Boards of Appeal of OHIM seem to search whether the trademark constitutes the normal way to designate a product[more]

Category: MEM

26.06.2002

Use of a trade mark with descriptive purposes : Judgment C-2/00 of the ECJ

The Court of Justice of the European Community delivered a judgment C-2/00 relative the use of a trade mark with descriptive purposes in the course of trade.[more]

Category: MEM, MFR

26.05.2002

Infringement of a game

How is a game protected ? Is it possible to sell a game which is "similar" to an existing game ?[more]

Category: MFR, DFR

26.04.2002

Amendments relating to International Trademark Registration

The Common Regulations under the Madrid Agreement and Protocol has been amended. [more]

Category: MFR, MEM

26.02.2002

The unregistered Community Design gets in force on March 6, 2002

The Council Regulation No 6/2002 of December 12, 2001 on Community designs has been published in the Official Journal of January 5, 2002, therefore it will get in force on March 6, 2002.[more]

Category: DEM

26.01.2002

Amendments relating to the refund of the fees for European and Euro-PCT patent applications

By two decisions of the Administrative Council of 18 October 2001 and 13 December 2001, the European Patent Office (EPO) has modified the rules relating to fees.[more]

Category: BEP

26.12.2001

EU Enlargement

12 countries are negociating for entering in the today's 15 Member State European Union. [more]

Category: MEM

26.11.2001

New French Intellectual Property Law

By Ordinance No. 2001-670 of July 25, 2001, the French Intellectual Property Law has been modified within its Books V (Designs), VII (Trade Marks) and VIII (Application to French Polynesia, Wallis and Futuna islands, French...[more]

Category: MFR, DFR

26.10.2001

Descriptive character of a CTM: Baby-dry and 3D tablets cases

The European Court of First Instance and the European Court of Justice have delivered important judgments concerning the distinctive character of Community trademarks : "Baby-dry" and "3D tablets" cases.[more]

Category: MEM

26.09.2001

Decision G1/99 of the EPO Enlarged Board of Appeal relating to the "Reformatio in peius"

Definition of the prohibition of "reformatio in peius" : it is where the rules of court procedure governing appeals prevent a court of appeal from going beyond the requests of the appealing party and putting it in a worse...[more]

Category: BEP

26.08.2001

Case "jeboycottedanone.com": judgement on the merits

In our June 2001 news, we had taken up the facts and injunction orders in chambers in the case opposing the Company GROUPE DANONE to Mr M., who has registered the domain name "jeboycottedanone.com" and taken up on his web site...[more]

Category: MFR

26.07.2001

Priority right : Opinion G 2/98 of the Enlarged Board of Appeal of the EPO

According to Article 87 EPC, the priority date of a first application may be claimed when the second application is for the "same invention" than the first one.[more]

Category: BEP

26.07.2001

T 73/88 : Decision of Technical Board of Appeal 3.3.1 dated 7 November 1989

Extracts of the Decision of Technical Board of Appeal 3.3.1 dated 7 November 1989 - T 73/88 - 3.3.1 [more]

Category: BEP

Displaying results 201 to 240 out of 266