Training topics
These training topics are currently offered by us:
BROAD TOPICS
The EU trademark – the regulation & connected legislation
Gives an overview of the most important legal stipulations for the Trademark professionals and presents case law to illustrate how the stipulations have been interpreted. It includes information in relation to the Common Practice in relation to trademarks.
The Community Design – the regulation & connected legislation
Gives an overview of the most important legal stipulations for the Design professionals and illustrates how the stipulations have been interpreted in the case law, especially in relation to novelty and individual character.
Update on Trademarks & Designs
Latest case law from the CJEU and GC as well as the Boards of Appeal at the EUIPO in relation to trademarks and designs. We will cover the most important case law for EU trademark and design practitioners with the aim of giving you arguments and knowledge that may be useful in your daily work. Many cases will be presented and focus will be put on the conclusions that may be drawn from each case.
Tips & Tricks
How to avoid deep water and to find loopholes when acting before the EUIPO, the Boards of Appeal and the CJEU and GC. An overview of useful case law and examples based on the practice at the EUIPO in a wide range of situations. Useful information in relation to different types of formality issues, such as at what stage to take action. What action to take when a deadline has been missed, including how you may use restitutio in integrum and continuation of proceedings in a constructive way.
NARROW TOPICS
The Use requirement
Refresh on the legal stipulations and on the case law as developed. How to act when defending use and when attacking a mark because of non-use. When to present the documents, including the problem with late filed evidence. Best practice to achieve the result you are aiming at.
Non-traditional marks
An overview of case law and the EUIPO practice. Focus on 3D marks, position marks, colour marks and slogans. Problems in relation to Article 7(1)(e) in the EU Trademark Regulation – signs which consist exclusively of the shape. Tips for obtaining registration of non-traditional marks. Pitfalls – how to apply and present you mark. How to fulfill the use requirement in relation to non-traditional marks.
Absolute grounds for refusal of a trademark
What can be registered and what cannot – a short overview of recent case law and the EUIPO practice. How to apply and how to formulate the specification of goods and services in order to enhance the chances for registration. Especially focus on traditional marks, such as word marks, and on the boarder-line for descriptive words with figurative elements based on Common Communication (CP3).
Weak marks & Likelihood of Confusion
An overview of case law and the EUIPO practice, including an update of the most recent practice. Conclusions based on the case law and how to use Common Communication (CP5). How to argue on the different sides of the “fence”. Influence of reputation.
Bad Faith practice at CJEU & EUIPO
According to the case law, the requirements to document bad faith has been very tough. A refresh of the case law and the EUIPO practice, emphasizing on cases that may be useful to refer to when claiming bad faith. Pitfalls in relation to the procedure.
Well-known marks
An overview of the case law from CJEU and GC and the EUIPO practice. How to present reputation and document it, and how to act when attacking the other party’s claim of reputation.
Design Case Law
An overview of the case law at CJEU & GC and the EUIPO practice. What you especially should be observant on when you are dealing with the Community Design law – pitfalls and loopholes. The position of unregistered designs. The Common Practice for the graphical representation of a design (CP6).
Borderline between Trademarks and Designs
An overview of the differences between trademark and design protection. How to decide which protection to aim at. Advantages and disadvantages with the rights and how they can be combined in order to find the best IP strategy.