Newsletter JuLy 2022
TRADEMARK LAW
The Eastern High Court remits the refusal of KiMs’ three-dimensional trademark registration of KiMs’ “Snack Chips”
On the 11 July 2022, the Danish Eastern High Court decided to follow KiMs’ claim and remit KiMs’ application for a three-dimensional trademark of the popular “Snack Chips” to the Danish Patent and Trademark Board of Appeal. Thus, the Eastern High Court changed the judgement delivered by the Maritime- and Commercial High Court, which ruled in favour of the Board of Appeal and the Board’s refusal to register KiMs’ Snack Chips as a trademark.
The Board’s reason for the original refusal was that the essential feature of the Snack Chips is the chips’ grooves, which, according to the Board, has a technical function and is a consequence of the nature of the product. As the mark thus “exclusively” consisted of features with technical function and/or features that was a consequence of the chips’ nature, the application was refused.
However, the Eastern High Court found that the square shape of the Snack Chips also constituted an essential feature, and that this had not been taking into account by the Board. Hence, the case was remitted to the Board for renewed consideration.
BUGGE VALENTIN represented KiMs (Orkla) in the matter.
The judgement can be in Danish read here.
EUIPO launches a new EU trademark filing form
EUIPO has launched a new electronic filing form for EU trademarks on 1 August 2022. The purpose of the new filing form is to make the process more user-friendly as well as to allow more guidance and efficiency.
Some of the features of the new filing form are enhanced security, a new design and the possibility to customise the filing experience.
The new filing form is a part of the EUIPO’s digital transformation programme.
Read more about the new filing form here.
The European Commission increases its focus on the protection of intellectual properties in third countries
The European Commission has launched a targeted consultation on the protection and enforcement of IP rights in third countries.
The consultation aims to help clarify the state of intellectual property protection and enforcement in third countries. The main goal of the consultation is to identify so-called “priority countries”, where IPR protection and enforcement is lacking. The consultation will give the European Commision an opporitunity to focus their efforts and priorities in order to improve IPR protection in these specific countries. The overall aim of the consultation and the Commission’s other initiatives is to improve IPR protection and enforcement worldwide.
The deadline for contributing to the consultation is 12 August 2022.
More information is available here, where it is also possible to contribute.