BLOG/NEWS - PENDL MAIR Rechtsanwälte | Attorneys at Law

National trademark, EU trademark - what is the difference?

13. October 2021

Mag. Sebastian Feurstein

National trademarks and EU trademarks, apart from the respective area of protection, basically offer similar protection. However, differences may arise in practice.

Problem serial marks: partial copy allowed?

8. September 2021

Dr. Gerald Mair

Protected trademarks are often used together with other signs. A recent decision of the Austrian Supreme Court gives reason to deal with so-called serial marks.

Copyright - new decision on photos

25. August 2021

Mag. Sebastian Feurstein

In everyday business life, copyright issues are comparatively rarely discussed. A new decision of the Austrian Supreme court shows what needs to be discussed in such cases.

3D-trademark or design right?

11. August 2021

Mag. Valeria Miozzo

Product forms can be registered as trademarks and (also) as designs. However, some differences have to be considered.

Lipstick as 3D trademark

28. July 2021

Dr. Rudolf Pendl

Among others, forms can also be registered as trademarks. Guerlain was now able to register a unique lipstick.

Prison for trademark infringement?

14. July 2021

Dr. Gerald Mair

Usually only civil courts are concerned with trademark infringement. However, criminal proceedings against an infringer are also possible under certain circumstances.

No "absolute" trademark protection: Domain cancellation denied

30. June 2021

Mag. Selina Nova, Mag. Sebastian Feurstein

Domains can infringe upon trademark right. The Absolut Company tried to cancel the domains of another company, but was denied by the courts.

Compulsory (patent) licensing for vaccines and its limits

16. June 2021

Mag. Valeria Miozzo

Usually only civil courts are concerned with trademark infringement. However, criminal proceedings against an infringer are also possible under certain circumstances.

Copyright Directive has taken effect in Austria

7. June 2021

Mag. Sebastian Feurstein

The Copyright Directive should have been implemented by Austria today. Even though this did not happen, we have a new legal situation as of today.

Trademark use: Special attention with "quality seals"

2. June 2021

Dr. Gerald Mair

Trademarks must be genuinely used so that they dont lose their protection in the long term. Special care must be taken when using "quality seals".

EU: Chanel loses against Huawei - with an unexpected reasoning

19. May 2021

Mag. Sebastian Feurstein

The European General Court has with a partially unexpected reasoning dismissed Chanel's opposition against Huawei's trademark.

"Oral Vaccination" not approved as a wine name

6. May 2021

Dr. Rudolf Pendl

The Viennese wine named "Oral Vaccination" (in German: "Schluckimpfung") was seized by the Federal Wine Inspectorate on the grounds that the name constitutes a "health claim".

EU: Design of LEGO brick possibly protectable

23. April 2021

Mag. Valeria Miozzo

LEGO achieved a surprising legal victory in regards to the protectability of one of its bricks.

EU: Possibility of protecting slogans as trademarks reaffirmed

02. April 2021

Dr. Gerald Mair

Creative word phrases or word plays can be suitable for trademarks.

DER STANDARD: Trademark protection granted without proof of acquired distinctiveness

12. Februar 2021

Mag. Sebastian Feurstein

One might think that a newspaper as well-known as DER STANDARD would be sufficiently protected in Austria even without a registered trademark. In fact, the DER STANDARD trademark was only recently registered.

Ritter Sport's shape mark remains protected

7. August 2020

Mag. Sebastian Feurstein

Germany's chocolate war comes to an end: Ritter Sport retains the exclusive right to retain its iconic square chocolate bars.