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Making Walking Greener with Intellectual Property

Making Walking Greener with Intellectual Property The recent pandemic has changed the daily commute for many from a time consuming journey to the office using a car, train and / or bike into a slipper-clad wander from kitchen to study (or makeshift bedroom office).  Hopefully those that can will continue to use their feet to… Read more »

Freedom to Operate – Understanding the risks

Freedom to Operate – Understanding the risks   There are many factors to be considered for a project developing a new product or process, but Freedom to Operate should not be overlooked. What is Freedom to Operate? Freedom to Operate, or “FTO”, is the ability to carry out commercial plans without infringing third party Intellectual… Read more »

Re-design the system – the UK IPO consults on the future of UK design protection

Re-design the system – the UK IPO consults on the future of UK design protection First a quick quiz to see whether you should read this article.   Question 1 Can you explain the differences between registered designs, UK unregistered design rights, Community unregistered design rights, supplementary unregistered design right and artistic copyright? A: Yes… Read more »

Absolutely Not Registrable

Absolutely Not Registrable As a Trade Mark Attorney, one of the questions I am asked on an almost daily basis is whether new marks are registrable. As UK IPO practice is forever evolving, it can be helpful to conduct regular reviews of the kinds of marks being refused by the UK IPO. We take a… Read more »

Monster trade mark appeal runs out of energy

Monster trade mark appeal runs out of energy In joined cases T-758/20 and T-759/20, the General Court revoked EU trade mark registrations for the marks MONSTER and MONSTER ENERGY after Monster Energy Co failed to demonstrate that evidence of use of the mark on one product spanned two classes of goods. The cases concerned non-use… Read more »

Appeals to the Appointed Person in the UK – a RARE case of success  relating to a missed counterstatement

Appeals to the Appointed Person in the UK – a RARE case of success relating to a missed counterstatement As discussed in previous reports – successful appeals before the Appointed Person in the UK are uncommon.   This successful appeal related to a failure by the proprietor of a registration to file a timely defence to… Read more »

3D marks – Shaping up for the New Year!

3D marks – Shaping up for the New Year! The classic Volkswagen (VW) camper van is everywhere these days, its image adorning anything from clothing, tea towels and bedlinen to coffee mugs, fold out chairs and beach windbreaks.  Many a time the VW badge will be replaced with some other circular motif, often a peace… Read more »

Post Brexit – the final countdown …

Post Brexit – the final countdown … Don’t forget the 30 September 2021 deadline for filing comparable UK trade mark or design applications based on any EU trade marks or designs that were pending at the end of the Brexit transition period.  Since Brexit took effect this year, those rights will no longer cover the… Read more »

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