NGE On Demand: Trademark Updates Post Brexit with Andrea Fuelleman
The UK Court of Appeal has for the first time chosen to diverge from a decision of the Court of Justice of the European Union ("CJEU"), making use of the powers given to it following the UK's exit from the European Union....more
The High Court of Justice in London recently issued its third judgment on a fair, reasonable and non-discriminatory (FRAND) rate for a license to cellular standard-essential patents (SEPs). In the two prior UK FRAND...more
To help organizations stay on top of the main developments in European digital compliance, Morrison Foerster’s European Digital Regulatory Compliance team reports on some of the main topical digital regulatory and compliance...more
The UK High Court of Justice issued its long-anticipated decision establishing a global Fair, Reasonable and Non-Discriminatory (FRAND) royalty rate for a patent portfolio essential to 3G, 4G and 5G cellular technologies....more
Hitherto, if cancellation or invalidation proceedings were brought against the United Kingdom designation of an International design or trademark where no representative had been appointed in the United Kingdom, the owner...more
For EU and UK trademarks, there is a five-year grace period following the issuance of a registration, during which the trademark owner must use the mark in connection with the goods and/or services covered by the registration...more
US and EU Sanctions - IP Engagement Suspended with Russia, Belarus, and Eurasian IP Offices - Four days after the invasion of Ukraine on February 24, 2022, the United States Treasury Department issued Directive 4 under...more
NGE Intellectual Property attorney Andrea Fuelleman discusses the potential implications of Brexit on the status of trademark rights and registrations in the EU and UK as of January 1, 2021. If you have any questions,...more
The European Union (“EU”) has shaped and developed Intellectual property (“IP”) policy extensively over the years. IP law in EU member states is today largely a matter of EU law. Key areas of IP are dominated by EU rights and...more
The Hogan Lovells IP & Media Technology team is tracking the changes being made by intellectual property offices around the world in response to the coronavirus so we can keep you informed on the key developments....more
China - On 28 January 2020, CNIPA (China's National Intellectual Property Administration) published its Notice 350, which is applicable to both trademark and patent matters....more
EUIPO - For those with European Union Trademarks (EUTMs), the European Union Intellectual Property Office (EUIPO) in Alicante, Spain remains open although all staff are now working from home and it has extended all deadlines...more
EUIPO - For those with European Union Trademarks (EUTMs), the European Union Intellectual Property Office (EUIPO) in Alicante, Spain remains open although all staff are now working from home and it has extended all...more
Brexit finally arrived on Jan. 31, 2020, and we are now in the period during which the UK and EU will negotiate the final rules governing their future. During this transition period, the UK and EU will continue to recognize...more
The Duke and Duchess of Sussex submitted a trade mark application with the World Intellectual Property Office last year to register “SUSSEX ROYAL” in the UK, EU, Australia, Canada and the US. The application covers a range of...more
Now that the political rollercoaster of the past 3 years over Brexit has drawn to a close with the UK electorate falling firmly behind Boris Johnson and a Conservative Party determined to leave the European Union (EU) with no...more
A mere three and a half years after the 2016 referendum on membership of the European Union, the UK looks set to “leave” the EU on 31 January 2020. Instead of exiting without a deal (which at one stage looked distinctly...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
If the UK Parliament agrees by March 29 to the Withdrawal Agreement negotiated by the United Kingdom and the European Union last year as modified by the supplementary agreement of March 12 relating to the border between the...more
The European Union Trade Mark (EUTM) is a single trade mark that applies in all 28 Member States of the EU, including the UK. In a referendum in June 2016, the UK voted to leave the EU. When the UK leaves the EU, the EUTM...more
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
The process of Brexit will take time, and the implications for our clients’ business will unfold over time. Our MoFo Brexit Task Force is coordinating across all our offices and working with clients on your key concerns and...more
Supreme Court Abolished Federal Circuit's Test for Willfulness - On June 13, 2016, in Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S. ___ (2016), the Supreme Court unanimously abrogated the Federal Circuit’s...more
By now you have undoubtedly heard that in the Brexit Referendum held on June 23, 2016, the majority vote was in favor of United Kingdom leaving the European Union. Notwithstanding the outcome of the vote, it is presently...more
Now that the United Kingdom has voted to withdraw from the European Union (commonly known as “Brexit”), we turn to the question of how Brexit will affect intellectual property rights in the UK and Europe. The good news...more