IP Strategy & Audits

Impact of the end of the Brexit Transition Period on Tribunal Proceedings The Brexit transition period ended on 31 December 2020 and the UK IPO has issued a new practice note covering some new aspects of UK IPO trade mark and registered design practice in relation to tribunal proceedings such as cancellation actions or oppositions…. Read more »

As the world faces unprecedented challenges caused by the SARS-Cov-2 virus, we look at the science behind vaccine technology being investigated and how intellectual property (IP) rights may play a part in its protection. This article was first published by BioScience Today and can be found here.   What is a Vaccine? The immune system… Read more »

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! 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 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 »

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  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 »

Retail team member Sarah Neil reviews the problem of online trade mark infringement and the options for combating third party copycats online You may have seen the recent story of Little Soap Co and its battle against a scammer who set up an Instagram account cloning the company’s genuine Instagram account in an effort to… Read more »

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 »

Appeals to the Appointed Person in the UK – the unappealing truth This article was first published on the IPKat Blog   The odds are not good.  In the first two months of 2020 there have been 21 published decisions from the Appointed Person in the UK – that compares with just over 40 in… Read more »