Trade Marks

UK IPO Practice Note – Impact of the end of the Brexit Transition Period on Tribunal Proceedings

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 »

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 »

UK Intellectual Property Office – new rules soon on address for service

UK Intellectual Property Office – new rules soon on address for service Following a consultation in the UK with intellectual property professionals, the UK Government has announced that the existing reference to the European Economic Area (EEA) will be removed from the current address for service rules for UK trade marks, designs and patents: Government’s… 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 »

Defender or Pretender? 

Automotive team member, Rachel Havard considers the rise of the Ineos Grenadier and Jaguar Land Rover’s attempt to register their Defender shape as a UK trade mark   Ben Fogle in The Telegraph – “It is said that for more than half the world’s population, the first car they remember having seen is a Land… 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 »

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