In our recent post (click here to access), we confirmed that for EU trade marks which are registered at the withdrawal date, either 29 March 2019 (no-deal scenario) or 31 December 2020 (deal scenario), new UK national rights will be cloned onto the UK register, automatically, without charge and retaining all relevant dates. The new … Continue reading
It won’t be news to you that there is still a great deal of uncertainty around Brexit and, with the March 29, 2019 looming, we do not yet know if the UK will exit in an orderly fashion (with a deal and with a transition period), obtain an extension of the negotiating period with a view to agreeing terms, crash out without a deal or, reverse the process altogether.… Continue reading
The trade mark consists of “the colour red (Pantone 18 1663TP) applied to the sole of a shoe as shown (the contour of the shoe is not part of the trade mark but is intended to show the positioning of the mark”) Following a reference from The Netherlands (District Court of The Hague) considering the … Continue reading
Yesterday, Britain voted to leave the European Union. The exit will not happen immediately. It is likely to take at least two years after the process is actually triggered for the transition to be completed. For the time being it is business as usual. There is no immediate loss of Intellectual Property (IP) protection in the UK; … Continue reading
Following the implementation of the EU trade mark regulation (EUTMR) on March 29, 2016, an EU registered trade mark may now be infringed by use of that trade mark as a trade or company name or as part of a trade or company name. If you do not already, we recommend that you subscribe to … Continue reading
On 9 March 2016 the UK Supreme Court handed down its judgment in an appeal concerning the alleged infringement of Magmatic’s Community Registered Design (RCD) for a ride-on suitcase, known in the market as the “Trunki”. The Supreme Court dismissed Magmatic’s appeal against the Court of Appeal’s earlier decision which found that the allegedly infringing … Continue reading
Act now to ensure that your business requirements are appropriately safeguarded For owners of EUTMs which predate 22 June 2012, there is a “window of opportunity” until 23 September 2016 to review and ‘perfect’ their EUTMs to safeguard the scope of protection and ensure their business requirements are appropriately safeguarded. The newly implemented EU trade … Continue reading
10 things to know As we previously reported in January 2016, the European Commission decided in 2008 that a review of the functioning of the trade mark system in Europe was required in order to further harmonise the national laws of Member States, streamline procedures, facilitate cooperation between Member States, support anti-counterfeiting and to better … Continue reading
Two High Court decisions in the UK last week highlight that it is not always easy to register and enforce shape trade marks even when the shapes themselves are iconic and recognisable by the public. The consumer’s perception of the trade marks was pivotal in both cases, with mere association being insufficient and reliance being … Continue reading
Background – EU reviews trade mark system In 2008 the European Commission decided a review of the functioning of the trade mark system in Europe was required in order to further harmonise the national laws of Member States, streamline procedures, facilitate cooperation between Member States, support anti-counterfeiting and to better reflect the modern business environment. … Continue reading
The following is a reproduction originally published in Property Week (Aug. 7, 2015). Today, real estate developments are increasingly marketed as ‘destinations’ in their own right. Even before any development work starts, there will be considerable media interest and, through the power of the internet, developments can quickly gain visibility with potential tenants and … Continue reading
The UK Intellectual Property Offices warns trade mark owners to not be fooled by “‘renewal’ notices to holders of UK registered patents and trade marks offering to renew the rights for fees greatly in excess of the official renewal fees.” See Warning. Don’t be fooled If you are a trade mark owner, the chances are … Continue reading