EU Trade Marks can now be represented in any appropriate format using generally available technology. Shortly after the new provisions came into force, we filed an EU Trade Mark Application for a sound mark without any graphical representation, submitting only an MP3 music file of the sound (here). This Application achieved registration at the end of January and is the first ever EU Trade Mark Registration for a non-graphically represented mark, of any kind [...]

In a recent Initial Determination ("ID"), Administrative Law Judge Lord ruled that a patent owner did not have standing to sue without joining a third party to which certain rights had been transferred. Certain Audio Processing Hardware, Software, and Products Containing the Same, Inv. No. 337-TA-1026, Initial Determination (Oct. 26, 2017). Andrea Electronics Corp. ("Andrea") filed a complaint asserting that a number of companies, including Apple Inc. ("Apple") infringed its patents by importing certain products. [...]

On 6 February 2018, Advocate General Szpunar (AG) delivered his second opinion on Christian Louboutin's shoes trademark. His analysis notes that a trademark combining colour and shape may be refused or declared invalid on the grounds that the trademark at issue gives substantial value to the goods. By way of background, Christian Louboutin registered trademarks for footwear which were described as the colour red applied to the sole of a shoe as shown (the contour of [...]