Clare Jackman (UK)

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Brexit: EU trade mark renewals in event of no-deal

Photo of Clare Jackman (UK)By Clare Jackman (UK) on Posted in Trademark
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

Brexit: trademarks and designs

Photo of Clare Jackman (UK)By Clare Jackman (UK) on Posted in General
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

Threat or hope for Louboutin’s iconic red sole trade mark? AG Szpunar opines that a mark’s ‘reputation’ should not be confused with ‘substantial value’

Photo of Clare Jackman (UK)By Clare Jackman (UK) on Posted in Trademark
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

Shape matters? Or not as the case may be

Photo of Clare Jackman (UK)By Clare Jackman (UK) on Posted in Trademark
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

Trade Marks: EUTM Specification checker

Photo of Clare Jackman (UK)By Clare Jackman (UK) on Posted in Trademark
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

EU trade mark law reforms

Photo of Clare Jackman (UK)By Clare Jackman (UK) on Posted in Trademark
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

10 things to know about CTM reforms

Photo of Clare Jackman (UK)Photo of Daniel Marschollek (DE)By Clare Jackman (UK) and Daniel Marschollek (DE) on Posted in Trademark
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 art of copyright protection in the real estate industry

Photo of Clare Jackman (UK)By Clare Jackman (UK) on Posted in Copyright
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

UK IPO cracks down on misleading invoices

Photo of Clare Jackman (UK)By Clare Jackman (UK) on Posted in Advertising
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
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