The legal situation In order to remain valid and enforceable, registered trademarks must be genuinely used on the market by their owner or with his consent. Genuine use can also be found if the trademark is used in a form differing in elements which do not alter the distinctive character of the mark in the… more
Copyright Law – Continuity of sublicenses in case of a termination of the main license (07/2012)
The legal situation Sec. 33 2nd sentence of the German Copyright Act stipulates that copyright licenses shall retain their effect if the right holder who granted the license changes or if he waives his right (“principle of succession protection”). However, this regulation does not concern the legal fate of sublicenses granted by the holder of… more
Trademark Law – UPDATE – European Union: New clarification requirements concerning the Community trademark’s specification of goods and services
“IP-TRANSLATOR” judgment of the Court of Justice of the European Union (CJEU) As reported in our Newsflash 2/2012, in its “IP-TRANSLATOR” decision (judgment of 19.6.2012, C-307/10) the CJEU established a new clarity requirement for the specifications of goods/services of Community trademark applications covering all of the general indications from the heading of a particular class… more
