Retail

Do you need a Certification Mark or a Trade Mark?

What is a Certification Mark? The purpose of a Certification Mark is to tell the consumer that a product or service meets a specific standard set by a regulatory body. This criteria can include a variety of things such as; the goods and services have certain characteristics, or the user has certain qualifications. Some examples… Read more »

UK Joins CPTPP and Secures Exemption from Grace Period Requirement

Good news for UK businesses, the UK Government has agreed a deal to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) with a well-negotiated exemption. The CPTPP is a free trade agreement between 11 countries, which reduces trade and investment barriers between members by eliminating tariffs and establishing common rules. The Agreement includes… Read more »

Iceland (country) v Iceland (supermarket) – another chapter of the trade mark saga closed

In September 2022, I considered some recent developments in the Iceland trade mark saga in this article. Following those developments, the Grand Board of Appeal of the European Union Intellectual Property Office (‘EUIPO’) has dismissed the appeals of Iceland Foods Limited (‘Iceland Foods’) and decided to invalidate its ICELAND trade marks. Background The British chain… Read more »

Trademarking in the Metaverse and NFTs – the MetaBirkin decision

In one of the first legal cases to assess how trade mark law will apply to digital images protected by non-fungible tokens (“NFTs”), a New York jury has found that the MetaBirkin images produced by Mason Rothschild infringe the trade mark rights of Hermès in its Birkin bag. Artist Mason Rothschild created images of a… Read more »

M&S Gin Win

In the recent case of Marks and Spencer PLC v Aldi Stores Limited [2023] EWHC 178 (IPEC) (the latest instalment of disputes between the two supermarkets), the IPEC ruled that Aldi had infringed M&S’ registered design rights in respect of the bottle used for their line of festive gin-liqueurs (pictured below). Background After this litigious… Read more »

Important Change to “Ten Day Rule” of the EPC

Author: Leonita Paulrja   On 14 October 2022, the Administrative Council of the European Patent Office (EPO) voted to remove the ‘ten day rule’ under Rule 126(2) EPC. Under current EPO practice, unless it can be shown to be later, a notification is deemed to be made ten days after the date shown on the communication (even… Read more »

EPO announce Video Conference as default format of Oral Proceedings

EPO President António Campinos has announced that from 1 January 2023 video conference (VICO) will be the default format of Oral Proceedings before the examining and opposition divisions, the Legal Division and the Receiving Section.   Oral Proceedings “…may be held on the premises of the European Patent Office, either at the request of a… Read more »

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