Featured in the Press: Dreyfus in the Spotlight in the Expert Guide 2025

Written by Antony17/02/2025

When an intellectual property (IP) firm is mentioned and approached by specialized media outlets, it speaks not only to its credibility but also to its ability to innovate and offer concrete solutions to today’s legal challenges. That is precisely the case with Dreyfus, whose expertise in design law—as well as broader IP protection—was recently highlighted in the Expert Guide 2025 – Intellectual Property, published by Corporate LiveWire.

In this article, we take a closer look at that publication, outlining the key points covered in the interview with Nathalie Dreyfus, the firm’s founder, and showing how this recognition by the specialized press reinforces Dreyfus’s status as a leading authority in Europe on the modernization of design law. We also discuss the main issues raised in the Expert Guide 2025 article and explain how the firm puts this knowledge into practice to support its clients.

Dreyfus in the Spotlight in the Expert Guide 2025

The Expert Guide 2025 – Intellectual Property Publication

Expert Guide 2025, dedicated to intellectual property, is published by Corporate LiveWire, an international media outlet that regularly provides in-depth analyses and resources on legal and economic trends. In this edition, various renowned experts and specialized firms address critical topics such as:

The Unified Patent Court (UPC) regime.
Changes to trademark protection rules in certain African countries.
Developments in copyright law for utilitarian objects.
New digital regulations affecting trade secret protection and the rise of 3D printing.

In this context, a special focus is placed on the modernization of design law in Europe, a topic at the heart of current debates and set to gain new momentum with the phased implementation of revised legislative provisions starting in 2025.

The Article “The Modernisation of EU Design Protection: A New Era for European Creativity”

Written by Nathalie Dreyfus, founder of Dreyfus, this article—featured in Expert Guide 2025—explains the key aspects of the European reform on designs, including:

The shift from “Community Designs” to “European Union Designs” (EUD), symbolized by the adoption of the Ⓓ icon to align branding with ® for trademarks and © for copyright.
An expanded definition of “designs” and “products” to include virtual or animated objects, as well as user interface elements.
A more flexible application process, allowing up to 50 designs to be grouped in a single filing, regardless of their classification under the Locarno Classification.
Strengthened rights for owners, now clearly covering 3D reproductions and the unauthorized use of digital files intended for additive manufacturing.

Thanks to this article, which you can find on Corporate LiveWire’s website, readers can appreciate the full scope of the reform and the opportunities it creates, while also understanding the associated risks and challenges.

The Expertise of Dreyfus, an IP Specialist, Recognized by the Specialized Press

A Track Record Built in the Field

From its inception, Dreyfus has stood out thanks to a multidisciplinary approach that combines legal, technical, and strategic capabilities. This versatility allows the firm to:

Anticipate market and legislative changes, especially in rapidly evolving areas (digital, AI, 3D printing).
Advise a wide range of clients—major corporations, SMEs, startups, and independent creators—on building and defending their portfolios of designs, trademarks, and patents.
Play an active role in European discussions through conferences, in-depth articles, and broader initiatives (experience-sharing, public consultations).

Moreover, Nathalie Dreyfus’s direct involvement in leading publications demonstrates the firm’s high-level recognition. Being invited to publish an analysis in a resource such as Expert Guide 2025 not only affirms Dreyfus’s professional legitimacy but also highlights concrete and pragmatic solutions to the challenges of design law.

Concrete Commitments in Response to the Modernization of Design Law

In her article, Nathalie Dreyfus highlights several crucial points on which the firm already assists its clients:

Adapting to the Ⓓ Symbol: educating companies about the importance of clearly indicating the protection of their creations and advising them on strategies for using the symbol (logo, packaging, marketing).
Managing a Design’s Life Cycle: from the conceptual stage to market launch, including potential renewals and defense against counterfeiting.
Addressing New Digital Formats: supporting the development of technical documentation that includes 3D renderings, animations, or screenshots.

These areas of expertise illustrate Dreyfus’s proactive approach and its capacity to provide businesses with ways to capitalize on their creations.

Challenges Raised by the Reform and Practical Solutions

Why Is This Reform Crucial?

Uniformity: One of the main objectives of the reform is to further harmonize rules across the European Union, taking into account national specificities and the need to adapt to the digital era.
New Forms of Piracy: 3D printing, sharing of STL files, and the rise of the metaverse require rethinking the rights granted to designers and businesses.
Strengthening Competitiveness: Better protection boosts investment in design and encourages creativity, two crucial levers for international competitiveness.

The Contributions of Dreyfus, an IP Expert

To address these developments:

Portfolio Audits: the firm offers a full audit of existing designs to identify gaps, filing opportunities, or renewal strategies best suited to new fee structures and updated protection durations.
Litigation Support: if counterfeiting is detected, Dreyfus has extensive experience in proceedings before the EUIPO, French courts, and other European jurisdictions.
Training and Awareness: Nathalie Dreyfus and her team regularly conduct webinars and seminars to demystify legislative developments and enhance the in-house expertise of their clients’ teams.

External Links and Additional Resources

To help you delve deeper into the issues discussed in this article, here are some useful links:

Expert Guide 2025 – Intellectual Property (Corporate LiveWire): you’ll find the full article entitled “The Modernisation of EU Design Protection: A New Era for European Creativity” by Nathalie Dreyfus.
EUIPO – European Union Intellectual Property Office: the EU’s official body for registering trademarks and designs, and the key organization behind the reform.

These resources allow you to gain a clearer understanding of the challenges and opportunities arising from the new European design legislation, as well as to consider potential strategies available to companies and creators.

Conclusion: Dreyfus, a Trusted Partner for the New Era of European Design

Specialized press, through the Expert Guide 2025 published by Corporate LiveWire, emphasizes the relevance of Dreyfus’s work in the intellectual property sphere. The modernization of design law in Europe—and the heightened focus on digital creations—marks a major turning point for both businesses and creators.

By being recognized and cited as an expert, Dreyfus solidifies its position as a leader in providing strategic, legal, and technical support to major corporations, SMEs, and individuals seeking to secure and capitalize on their intangible assets. The firm is at your disposal for further information, personalized case studies, or custom support.

Need Support Protecting Your Designs?

Contact Dreyfus:

Phone: +33 1 56 59 11 00
E-mail: contact@dreyfus.fr
Website: www.dreyfus.fr

Benefit from the expertise of Nathalie Dreyfus and her team to anticipate the effects of the reform and implement the best practices to safeguard your creativity and maintain your competitiveness in the European market.

Understanding the European Union Trade Mark (EUTM)

Written by Antony03/02/2025

Navigating the world of trademarks can be complex, especially when it comes to the European Union Trade Mark (EUTM).
This system offers a unique opportunity: it allows businesses to protect their brand across all EU member states with a single application.

But what does the process involve? How does it differ from national trademarks?
This article provides a comprehensive guide to the EUTM, covering the application process, benefits, and legal considerations.

Whether you’re a business owner, a legal professional, or just curious, keep reading. Let’s explore the world of the European Union Trade Mark.

What is the European Union Trade Mark (EUTM)?

The European Union Trade Mark (EUTM) is a crucial asset for businesses. It is a unified trademark system that grants protection across all EU member states with just one application.

Managed by the European Union Intellectual Property Office (EUIPO), the EUTM offers a cost-effective and streamlined registration process. This is particularly beneficial for businesses looking to expand their market reach across Europe.

A key feature of the EUTM is its uniformity:

One trademark = protection in all EU countries
The same rights and legal standing apply in every member state

Who can register an EUTM?

To qualify, a trademark must be distinctive—it must clearly distinguish goods or services from those of competitors.

Generic or purely descriptive names cannot be registered
The trademark can be a word, logo, shape, color, sound, or even a combination of these elements

In short, the EUTM is a powerful tool for businesses seeking to protect their brand across the European Union.

Benefits of Registering a European Union Trade Mark (EUTM)

Registering an EUTM comes with significant advantages, especially for businesses operating across multiple EU countries.

Key benefits:

Single registration = protection in all EU member states
Cost-effective: One application is cheaper than multiple national filings
Simplified administration: Manage your trademark centrally via EUIPO
Stronger brand protection: Enforce rights across all EU countries
10-year protection, renewable indefinitely

Industry-specific advantages:

Fashion & luxury goods: Protects against counterfeit sales across the EU
Tech & software: Secures brand identity in a rapidly evolving market
Agriculture & regional products: Helps protect geographical indications (GI) and designations of origin

By securing an EUTM, businesses strengthen their brand presence in one of the world’s largest markets.

How to Apply for an EUTM

The European Union Intellectual Property Office (EUIPO) handles all EUTM applications.

Step-by-step application process:

Conduct a trademark search
- Use TMview to check for existing trademarks and avoid conflicts
Prepare your application
- Choose your trademark type (word, logo, etc.)
- List goods & services using the Nice Classification system
File your application online via EUIPO
- The basic fee is €850 for one class of goods/services
- Additional fees apply for extra classes (€50 for the second, €150 for each extra class)
EUIPO examination
- EUIPO checks if your trademark meets legal requirements (e.g., distinctiveness)
Publication & opposition period
- Your trademark is published in the EU Trade Marks Bulletin
- Third parties have three months to file oppositions
Final registration
- If no opposition is filed, or if opposition is rejected, your trademark is officially registered
- You receive a registration certificate valid for 10 years

A well-prepared application reduces delays and increases approval chances.

EUTM vs. National Trademarks vs. Madrid System

Feature	EUTM	National Trademark	Madrid System
Coverage	All EU countries (27)	One country only	Multiple countries (incl. non-EU)
Cost-effectiveness	One fee for the entire EU	Separate fees per country	Covers global markets
Enforcement	Unified rights across EU	Must enforce in each country separately	Protection varies by country
Best for…	Businesses targeting the entire EU	Local businesses	Companies expanding worldwide

Which one to choose?

If your focus is the EU market, an EUTM is the best option
If you only operate in one or two countries, a national trademark might be more practical
For international protection, consider using the Madrid System to cover multiple regions

After Registration: Rights & Responsibilities

Once your EUTM is registered, you gain exclusive rights across all EU member states.

Your rights:

Use the ® symbol to signal trademark protection
Take legal action against infringers anywhere in the EU
License or sell your trademark

Your responsibilities:

Use it or lose it: If your trademark isn’t used for five consecutive years, it can be revoked
Monitor for infringements: Regularly check online & offline markets for unauthorized use
Renew every 10 years to maintain protection

Consider using trademark monitoring services to detect infringement early.

The Impact of Brexit on EUTM

Since Brexit (January 1, 2021), EUTMs no longer cover the UK.

Key Brexit changes:

EUTMs remain valid in the EU (27 countries)
Existing EUTMs were automatically converted into UK trademarks
New UK trademarks must now be filed separately

If you operate in both the EU and UK, you must manage your trademarks separately.

Common Mistakes & How to Avoid Them

Mistake: Not conducting a trademark search
Solution: Use TMview to check for conflicts before applying
Mistake: Choosing a generic name
Solution: Pick a distinctive and non-descriptive brand name
Mistake: Submitting an incomplete application
Solution: Double-check that all details and classifications are correct
Mistake: Not renewing on time
Solution: Set reminders for the 10-year renewal deadline

Conclusion: Why a Strategic Approach Matters

Registering an EUTM is a valuable investment for businesses expanding across Europe.

It provides strong legal protection
It helps build a unified brand identity
It simplifies trademark management across 27 countries

By carefully planning your application, avoiding common pitfalls, and actively protecting your trademark, you can ensure long-term brand success in the European market.

Ready to register your EUTM? Start your application today at EUIPO.

Would you like any additional refinements or industry-specific details?

FAQ: European Union Trade Mark (EUTM)

What is the EUTM, and how does it differ from national trademarks?
The EUTM is a single trademark registration valid across all EU member states. Unlike national trademarks, it offers uniform protection in 27 countries through one application.

How much does it cost to register an EUTM?
The basic fee is €850 for one class of goods or services. Additional classes cost €50 for the second class and €150 for each subsequent class.

Can I modify my EUTM after registration?
Yes, but modifications are limited to minor changes that do not alter the trademark’s identity. Adding new goods or services requires a new application.

What happens during the opposition period?
The opposition period lasts three months after publication. Third parties can challenge the trademark based on prior rights, requiring the applicant to provide evidence to defend their case.

How long does the EUTM registration process take?
Typically, it takes 4–6 months, provided there are no oppositions or complications.

What rights does the ® symbol grant?
The ® symbol indicates that your trademark is officially registered. It serves as a deterrent to infringers and enhances your brand’s credibility.

Can an EUTM be revoked?
Yes, an EUTM can be revoked for non-use over five consecutive years or if it becomes generic or misleading.

How does Brexit affect my EUTM?
Since Brexit (January 1, 2021), EUTMs no longer cover the UK. Existing EUTMs were automatically converted into comparable UK trademarks.

What should I do if my trademark application is rejected?
You can file an appeal or amend your application to address the reasons for rejection. Consider legal counsel for complex cases.

How do I enforce my EUTM rights?
You can take legal action against infringers in any EU member state. Monitoring tools and legal support help detect and address violations effectively.

Protect your trademarks and business reputation with expert legal guidance. Contact Dreyfus Law Firm today for strategic advice on EUTM registration, enforcement, and cancellation actions before the EUIPO. Secure your brand’s future now!

How to win a cancellation action against a European trademark ?

Written by Antony31/01/2025

How to win a cancellation action before the EUIPO?

Protecting trademarks effectively within the European Union requires a deep understanding of the legal mechanisms available to challenge the validity or use of a registered trademark. The invalidity and revocation procedures, collectively referred to as “cancellation proceedings,” before the European Union Intellectual Property Office (EUIPO) provide rights holders and third parties with tools to maintain the integrity of the trademark register.

In 2024, approximately 2,000 cases have been consistently initiated each year since 2021, showing a stable trend with a slight decrease. Meanwhile, revocation proceedings have remained stable at approximately 500 per year since 2021, with a slight upward trend observed.

Introduction to Invalidity and Revocation Procedures

The invalidity and revocation procedures aim to challenge the validity or continued use of a registered European Union trademark (EUTM). Invalidity disputes the trademark’s validity at the time of registration, while revocation addresses the loss of the trademark owner’s rights due to post-registration circumstances.

Invalidity Procedure

A trademark can be declared invalid based on absolute or relative grounds.

Absolute Grounds for Invalidity

A trademark may be invalidated if, at the time of registration, it:

Lacked distinctiveness.
Was descriptive of the goods or services in question.
Contravened public order or morality.
Was liable to mislead the public regarding the nature, quality, or geographical origin of the goods or services.

Relative Grounds for Invalidity

A trademark may also be invalidated if it infringes upon prior rights, such as:

An earlier identical or similar trademark for identical or similar goods or services, creating a likelihood of confusion.
Copyright, design, trade name, or company name rights.

Revocation Procedure

Revocation addresses the improper use or non-use of a trademark following its registration.

Non-use of the Trademark

The owner may lose their rights if the trademark has not been put to genuine use in the European Union for an uninterrupted period of five years without valid reasons.

Becoming a Generic Term

If, due to the owner’s actions or inaction, the trademark has become a generic term in the trade for the goods or services it covers, it may be revoked.

Misleading Character of the Trademark

A trademark may also be revoked if its use by the owner or with their consent has become misleading regarding the nature, quality, or geographical origin of the goods or services.

Procedure Before the EUIPO

Application Filing by Your Representative

To ensure a smooth and effective application process before the EUIPO, it is essential to engage a qualified counsel who can provide strategic advice and represent your interests effectively. While it is not mandatory to appoint a representative to file a cancellation action, parties without a domicile, principal place of business, or an effective and genuine industrial or commercial establishment within the European Economic Area (EEA) must be represented by an authorized representative in EUIPO proceedings. Even for those with a presence in the EEA, appointing a representative ensures the process is handled with the expertise required to maximize efficiency and effectiveness.

Adversarial Phase

Once the application is received, the EUIPO verifies its admissibility. If deemed admissible, an adversarial phase begins, allowing the parties to present arguments and evidence. The EUIPO may also request additional information or clarification from the parties.

Decision and Effects

Following the review of arguments and evidence, the EUIPO issues a decision. If the application is successful, the trademark is either invalidated retroactively or revoked from the date of the decision. These decisions can significantly impact the trademark landscape within the EU.

Appeal Process

Decisions by the EUIPO can be challenged through a well-defined appeal process:

Appeal to an EUIPO Board of Appeal: This must be filed within two months from the date of notification of the decision. A written statement detailing the grounds of appeal is required.
Appeal to the General Court of the European Union: If dissatisfied with the Board of Appeal’s decision, an appeal can be lodged within two months from the notification of that decision. This process examines the legality of the decision but does not re-assess the facts.
Referral to the Court of Justice of the European Union (CJEU): A further appeal on points of law can be made within two months of the General Court’s decision. The CJEU reviews legal errors but does not revisit the case’s substance.

Recent Trends and Emerging Practices

Use of Artificial Intelligence in Trademark Searches

With the increasing reliance on AI tools, many businesses now utilize AI-driven platforms for pre-registration trademark searches. These tools enhance precision and speed in identifying potential conflicts, reducing the likelihood of disputes.

Impact of Blockchain on Trademark Authenticity

Blockchain technology offers a secure and transparent method for proving trademark use. By maintaining immutable records, it ensures authenticity and provides robust evidence in revocation proceedings.

Practical Tips for Success in Cancellation Actions

Conduct Comprehensive Pre-Filing Research: Ensure thorough investigation of potential conflicts or grounds for cancellation using tools like TMview.
Maintain Robust Documentation: Keep detailed records of trademark usage to counter non-use allegations.
Engage Expert Counsel Early: Involve experienced legal professionals to navigate the complexities of EUIPO procedures.
Leverage Evidence Effectively: Present compelling evidence, such as market surveys or sales data, to support your claims or defense.

Strategic Approaches to Cancellation Actions

Proactive Risk Assessment

Before initiating a cancellation action, it is critical to conduct a comprehensive risk assessment. This involves analyzing the targeted trademark’s weaknesses, such as lack of distinctiveness or non-use, and identifying supporting evidence to strengthen your case. Using tools like TMclass and DesignView can streamline this process and ensure a strategic approach.

Collaborating with Regional Experts

Trademark laws and practices can vary subtly between EU member states. Collaborating with local IP experts who understand jurisdictional nuances ensures your cancellation strategy aligns with both EUIPO standards and local regulations.

Tailoring Arguments for Absolute and Relative Grounds

When challenging a trademark based on absolute grounds, highlight legal principles such as descriptiveness or violation of public order. For relative grounds, focus on substantiating prior rights through market research, survey evidence, and sales data.

Case Studies: Lessons from Recent Decisions

Case Study 1: Revocation for Non-Use

In 2023, a tech company successfully revoked a competitor’s trademark on the grounds of non-use. The claimant demonstrated that the trademark owner had not used the mark in commerce for over five years. This case underscores the importance of maintaining detailed records of trademark use.

Case Study 2: Genericization of a Trademark

A recent case involved a prominent food brand losing its trademark due to genericization. The opposing party presented consumer surveys and industry reports showing that the mark had become synonymous with the product category, no longer serving as a source identifier.

Emerging Trends in Trademark Cancellation

AI-Driven Case Analysis

Artificial intelligence tools are being adopted by law firms and businesses to analyze previous EUIPO decisions. These tools can predict potential outcomes and identify the most persuasive arguments, streamlining the preparation process for cancellation proceedings.

Globalization of Trademark Disputes

With the rise of global commerce, trademark disputes increasingly involve cross-border issues. EUIPO decisions are often referenced in cases involving parallel trademarks filed in other jurisdictions, emphasizing the need for a unified global strategy.

Sustainability as a Grounds for Contestation

As sustainability becomes a consumer priority, trademarks misleadingly suggesting eco-friendliness are increasingly being challenged. Leveraging environmental claims can form a compelling basis for cancellation under absolute grounds.

Practical Insights: Preparing Evidence for Success

Collect Robust Documentation

Evidence is crucial in trademark cancellation cases. Compile a comprehensive portfolio that includes:

Historical usage records (e.g., invoices, advertising campaigns).
Market surveys demonstrating consumer confusion or genericization.
Third-party testimonials or affidavits supporting your claims.

Engage Technical Experts

For cases involving complex goods or services, expert opinions can provide critical insights. For example, a technical expert can validate claims about the functionality of a product, supporting arguments for invalidity based on lack of distinctiveness.

Monitor Competitors Proactively

Use trademark monitoring tools to track potential infringements or misuse by competitors. This allows you to initiate cancellation proceedings promptly, protecting your brand equity.

Strengthening the Legal Framework: Recommendations for Businesses

Policy Alignment with Sustainability Goals

Aligning trademark strategies with broader corporate sustainability goals can strengthen the defensibility of trademarks. For example, ensuring that trademarks promoting eco-friendly products are substantiated with solid evidence mitigates the risk of misleading claims.

Adapting to Regulatory Changes

With the EU’s continuous evolution of IP laws, businesses must stay updated on new directives and regulations. Engaging with IP attorneys who monitor these changes can ensure that strategies remain compliant and forward-looking.

Strengthening Evidence Practices

Regularly collect and update documentation related to the use of trademarks, including marketing materials, sales records, and consumer studies. Proactively preparing this data not only strengthens your defense against cancellation actions but also positions you better for asserting your rights in cross-border disputes.

Our Expertise

Handling invalidity and revocation proceedings before the EUIPO demands expertise, precision, and a results-oriented approach. At Dreyfus Law Firm, we specialize in intellectual property law, offering extensive experience in managing cancellation actions and defending trademarks.

Why Choose Dreyfus Law Firm?

Proven Expertise: Our attorneys possess deep knowledge of EUIPO procedures and case law, ensuring robust representation for clients.
Tailored Strategies: We analyze each case individually, crafting solutions that align with our clients’ business objectives and maximize their chances of success.
Cross-Border Capabilities: Our team seamlessly manages cases that span multiple jurisdictions, ensuring a cohesive strategy for global trademark protection.

Comprehensive Services

Pre-Filing Analysis: Conducting in-depth assessments of trademarks for invalidity or revocation risks.
Preparation and Filing: Drafting detailed and persuasive cancellation applications supported by strong evidence.
Effective Advocacy: Representing clients during adversarial proceedings and appeals before the EUIPO and EU courts.

Client Success Stories

Revocation for Non-Use: Successfully revoked a dormant competitor’s trademark, allowing our client to expand its brand presence in the EU market.
Invalidity on Absolute Grounds: Achieved invalidity of a trademark for being descriptive, ensuring our client’s unique branding was safeguarded against dilution.
Defending Against Cancellation: Protected a client’s established trademark by demonstrating genuine use through robust documentation and market evidence.

Commitment to Results

At Dreyfus Law Firm, we are dedicated to providing practical solutions and achieving results that protect our clients’ business interests. Whether filing a cancellation action or defending against one, we deliver unparalleled legal expertise and strategic insight.

Frequently Asked Questions (FAQ)

What is the difference between cancellation and opposition actions?
Opposition actions occur before a trademark is registered and aim to block the application. Cancellation actions, on the other hand, target trademarks that are already registered.
How long does the cancellation process take at the INPI?
The average timeline for cancellation actions at the INPI is 6 to 12 months, depending on the complexity of the case and the volume of evidence submitted.
Can I initiate a cancellation action if I am outside France?
Yes. Non-French entities can initiate cancellation actions, but they must appoint a local representative or authorized attorney to act before the INPI.
What are the costs associated with a cancellation action?
The INPI charges a fixed administrative fee of €600 for filing a cancellation action. Additional legal fees depend on the complexity of the case and the attorney’s expertise.
Can a cancellation action be appealed?
Yes. Decisions made by the INPI can be appealed to the Court of Appeal of Paris within one month of notification. Further appeals can be made to the Court of Cassation.
What evidence is required for revocation due to non-use?
To support a revocation action based on non-use, you must demonstrate:

The absence of sales or marketing activities related to the trademark.
Lack of trademark visibility in commercial contexts.

How do cancellation actions impact brand reputation?
While cancellation actions can protect your business, they may also generate publicity. Managing public relations alongside legal strategy is essential.

How do I prove non-use of a trademark?
To prove non-use, collect evidence such as market analyses, online presence checks, and absence of sales records during the relevant period.

Can I initiate cancellation proceedings outside the EU?
Yes, parallel actions can be initiated in jurisdictions where the trademark is also registered, provided local laws allow for cancellation based on similar grounds.

What is the success rate for cancellation proceedings at the EUIPO?
Recent EUIPO data suggests that approximately 40% of invalidity and revocation applications are successful, emphasizing the importance of presenting strong evidence.

Protect your trademarks and business reputation with expert legal guidance. Contact Dreyfus Law Firm today for tailored advice on cancellation actions before the EUIPO. Let us help safeguard your intellectual property rights!

Antony