A recent High Court case relating to a trade mark licensing and merchandising agreement offers a timely reminder of the principles a Court will consider when determining whether a term should be implied into a commercial...more
With a “no-deal” scenario looking increasingly more likely, what should brand owners be doing to prepare for 31 October this year?
EU trade marks in the UK -
Once the UK leaves the EU, existing EU trade marks (EUTMs)...more
9/13/2019
/ Corporate Branding ,
EU ,
European Union Intellectual Property Office (EUIPO) ,
European Union Trade Mark (EUTM) ,
Injunctive Relief ,
IP License ,
No-Deal Brexit ,
Non-Use of Trademarks ,
Personal Brands ,
Revocation ,
Trademark Application ,
Trademark Infringement ,
Trademark Registration ,
Trademarks ,
UK ,
UK Brexit ,
UK Intellectual Property Office (UK IPO)
In light of a possible no deal Brexit, businesses need to consider the impact such a scenario would have on their intellectual property rights, in particular trade marks, designs, patents and copyrights. For the majority of...more
10/10/2018
/ Community Designs ,
Copyright ,
Corporate Branding ,
Cross-Border Transactions ,
EU ,
European Union Trade Mark (EUTM) ,
Fashion Branding ,
Grace Period ,
Graphic Designs ,
Intellectual Property Protection ,
Orphan Works ,
Patents ,
Supplementary Protection Certificate ,
Trademark Registration ,
Trademarks ,
UK ,
UK Brexit ,
UK Intellectual Property Office (UK IPO) ,
Unified Patent Court ,
WIPO
The European Commission has produced a draft withdrawal agreement (the “Agreement”) chartering the path of the UK’s withdrawal from the EU. In the coming weeks, the Council of the European Union and the Brexit Steering Group...more
3/14/2018
/ Article 50 Treaty of the EU ,
Commercial Use ,
Community Designs ,
Copyright ,
EU ,
European Commission ,
European Union Trade Mark (EUTM) ,
Hague Convention ,
Industrial Design ,
Intellectual Property Protection ,
Madrid Protocol ,
Plant Patents ,
Priority Rules ,
Trademark Registration ,
Trademarks ,
UK ,
UK Brexit ,
UK Intellectual Property Office (UK IPO)
The UK government triggered Article 50 on 29 March 2017. However, there is still little clarity on the repercussions of Brexit for European Union trade marks (EUTMs), including the issue of non-use. ...more
In two recent IP decisions in the English High Court, the interpretation of a settlement agreement and a co-existence agreement have been carefully considered. In DKH Retail and Others v SRG Apparel Plc and Others, English...more
ICANN’s Uniform Rapid Suspension System (URS) seeks to offer trademark holders a quick and cost-effective way of tackling infringing domain names. The URS is designed to sit alongside the existing Uniform Domain Name...more
The UK's Intellectual Property Enterprise Court recently handed down its judgment in The Sofa Workshop Ltd v Sofaworks Ltd. The case highlights the difficulties that the international nature of Community trade marks (“CTMs”)...more
9/30/2015
/ Community Trademark ,
EU ,
European Court of Justice (ECJ) ,
Intellectual Property Enterprise Court ,
Jurisdiction ,
Member State ,
Non-Use of Trademarks ,
Passing Off ,
Trademark Infringement ,
Trademark Invalidity ,
Trademarks ,
UK
The European General Court's decision in Loutfi Management Propriété Intellectuelle SARL v AMJ Meatproducts (Case C-147/14) concerned the use of non-Latin script in Community trade marks (“CTMs”). The General Court held that...more
The European Court of Justice’s June 2012 decision in IP TRANSLATOR changed the way trade mark specifications are interpreted. OHIM’s application of this decision led to inconsistent interpretations of trade mark...more
European trade mark reform is an issue that has been the subject of discussions for a number of years. On 21 April 2015, the European Commission announced that the three key institutions of the EU (the Commission, the...more
The English Court of Appeal recently overturned a High Court decision and found that Mattel’s SCRAMBLE Community trade mark is valid and had been infringed by Zynga’s use of SCRAMBLE and SCRAMBLE WITH FRIENDS as signs for...more
The UK High Court handed down its judgment in the long running Google AdWords case, Interflora v Marks and Spencer on 21 May 2013. Mr Justice Arnold has found that Marks and Spencer's bidding on various INTERFLORA trade marks...more