IP Strategy & Audits

First use of STEALTH mark prevails again

Retail team member Sarah Neil follows up on her last article to assess how the Appointed Person considered the issue of the ‘senior user’ on appeal.   Introduction We previously reported the first instance decision in an opposition between ABP Technology Limited (“ABP”) and Voyetra Turtle Beach, Inc (“VTB”) relating to the marks STEALTH and… Read more »

Trade mark rights IN THE RED!

Trade mark rights IN THE RED! Automotive team member, Rachel Havard considers the CJEU’s recent judgement on genuine use of Ferrari’s TESTAROSSA trade mark.   The concept of “use it or lose it” We all probably need a bit of nostalgia in our lives, more than we ever did, and brand names/trade marks play a… Read more »

Brexit burn-out for the EUIPO Torpedo

Brexit burn-out for the EUIPO Torpedo An often important element of the strategic considerations relating to claims in the UK for infringement of a registered EU right is due to be removed on 1 January 2021.   The Torpedo Article 132 of the EUTMR[1] states that EU trade mark courts shall stay an action for… Read more »

Call for industry views on AI and IP and Videoconference

AA Thornton’s Mike Jennings provides an update on videoconference at the EPO and joins the EPO, UKIPO and USPTO in inviting industry comments on the recent IP office consultations   The era of public consultations In the last 3 years, several intellectual property offices have invited the global IP community to express our views on… Read more »

It’s the Most Wonderful Mark of the Year: legal protection and use of seasonal slogan marks  

It’s the Most Wonderful Mark of the Year: legal protection and use of seasonal slogan marks  Every year we wait with anticipation for the new John Lewis advert and the famous Coca Cola trucks to finally deliver the message that the holidays are coming! To the consumer seasonal adverts mean that businesses will be soon… Read more »

WTR Anti-counterfeiting: A Global Guide 2020

Anti-counterfeiting: A Global Guide 2020 This article first appeared in Anti-counterfeiting: A Global Guide 2020, a supplement to World Trademark Review, published by Law Business Research – IP Division. To view the guide in full, please go to www.WorldTrademarkReview.com. For a further year, Senior Associates Louise Foster, Trade Mark Attorney and  Varuni Parantivatine, Solicitor, have… Read more »

Legal update – UK IPO COVID-19 response

Legal update – UK IPO coronavirus response In recognition of the challenges individuals and businesses are facing amidst the coronavirus outbreak, the UK Intellectual Property Office (UK IPO) has made certain temporary adjustments to its practices, to ensure that parties are not adversely affected in their dealings with the Office. It has also had to… Read more »