Can we sing Happy Birthday?

Maybe you read or heard these last couple of weeks that lyrics from the Happy Birthday song were in the public domain. Well, that is not entirely true. Actually what said US District Judge George H. King on 22 September 2015 is that Warner/Chappell Music Inc. could...

A shape, a trademark… Have a Kit Kat!

Nestlé sought to register as a three-dimensional trademark the shape of the KIT KAT chocolate-coated biscuits, used since 1935 in the UK.   Cadbury opposed to this registration, and the examiner upheld the opposition, estimating that (i) this sign was devoid of...

Looking for a hotel in France? Why not a palace?

Maybe you asked yourselves that very same question in the past few weeks and maybe you decided otherwise for financial reasons. But you might be interested in knowing that the mark PALACE is not that exclusive anymore. Actually, the French collective mark PALACE was...

Relevant disclosures: US patent v. EU design

To be valid, a Community design must be new and have individual character, which means it must produce on the informed user a different overall impression from that produced by the designs already disclosed at the time of registration. The publication of a US patent...