Posts Tagged: "EUIPO Grand Board of Appeal"

The International Trademark Association (INTA) submitted observations in a trademark case before the European Union Intellectual Property Office (EUIPO) Grand Board of Appeal on April 1. The case concerns the similarity of goods in Class 32 (non-alcoholic beverages, including flavored carbonated beverages, waters and vitamin-enriched sparkling water, as well as beers) and goods in Class 33 (alcoholic beverages except beers, including wines, spirits, liqueurs, and alcoholic preparations for making beverages). The dispute arose after the owner of the mark VIÑA ZORAYA, registered in Class 33, filed an opposition to an EUTM application for ZORAYA in Class 32 based on Article 8(1)(b) EUTMR. The opposition was rejected on the basis that the goods were dissimilar.

The International Trademark Association (INTA) last week filed amicus briefs before the European Union Intellectual Property Office (EUIPO) Grand Board of Appeal in three cases concerning applications to register EU trademarks (EUTMs) for the words GEORGE ORWELL, ANIMAL FARM and 1984. The  briefs concern the registration of trademarks for names of historical persons/famous authors (the GEORGE ORWELL case) and titles of literary or artistic works (the ANIMAL FARM and 1984 cases). All of the applications were filed in 2018 by The Estate of the Late Sonia Bronwell Orwell (George Orwell’s second wife, who survived him and died in 1980) without evidence of acquired distinctiveness through use.