INTA Files Amicus Briefs on Famous Names, Book Titles as Trademarks in EU Published: March 10, 2021
Micheline Don Parker Advocaten Amsterdam, Netherlands International Amicus Committee Europe Amicus Subcommittee
INTA recently filed two amicus briefs before the Grand Board of Appeal (GBoA) of the European Union Intellectual Property Office (EUIPO) in three parallel cases one in cases R 1719/2019-5 and R 1922/2019-5, and one in case R 2248/2019-5. The parties in the three cases are the Estate of the Late Sonia Brownell Orwell and the EUIPO.
The Association intervened as amicus curiae as permitted under EU trademark law, which allows interested groups or bodies to intervene in
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General Court dismisses charityâs âHeartfulnessâ trademark appeal
05-03-2021
14-12-2017
The foundation petitioned the General Court to annul the decision and order EUIPO to pay costs.
Sahaj Marg argued that it had developed the technique of ‘Heartfulness’ and used the word to designate its goods and services, arguing that the EUIPO board failed to take into account that consumers identified the word with the foundation when it denied the application for lack of distinctiveness. It also claimed that the wordmark was not descriptive, making it eligible for trademarking.
The General Court dismissed all of the foundation’s pleas on March 3, and ordered it to bear its own costs and pay costs incurred by EUIPO.
INTA files two amicus briefs in Orwell trademark cases
05-03-2021
11-08-2016
The International Trademark Association (INTA) has filed two amicus briefs in support of the Sonia Brownell Orwell Estate for three contested trademarks.
The briefs, filed on March 3 and March 4 2021, support the Estate’s right to trademark the words ‘George Orwell’, ‘Animal Farm’ and ‘1984’ after they were denied registration by the EUIPO and referred to the The Grand Board of Appeal of the European Union Intellectual Property Office (GBoA).
INTA argued that famous authors and literary works should not be excluded from trademark protection, but has suggested that a case-by-case assessment of registrability should be taken.
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