UE - Commission proposes new practical means to beat counterfeiting and piracy

The European Commission recently adopted a Communication outlining practical initiatives in enhancing intellectual property rights (IPR) enforcement. The initiatives are meant to complement the existing legislation in IPR and to contribute towards the Commission's aim of ensuring an efficient, proportionate and predictable system of enforcement.
Actions outlined in the Communication include cooperation through a new EU Observatory on counterfeiting and piracy, administrative coordination amongst EU member states through national coordinators and building collaborative voluntary arrangements between stakeholders.

WELLA - on the beach swiss decision of trade mark descriptiveness

Wella had no luck with the extension of protection of its international trade mark ON THE BEACH, claiming protection for cosmetics, perfumes and hair lotion, to Switzerland.

The Federal Adminstrative Court ruled that ON THE BEACH would be understood by the relevant consumers to indicate a certain use of the product, i.e. a type of cosmetics particularly suited for use on the beach.

It was therefore descriptive and not protectable as a trade mark.

The decision underlines the very strict Swiss practice regarding lack of distinctiveness.

ON THE BEACH had been registered in Germany (base mark) and the OHIM had not refused the extension to the EU member states.