The recent ruling by the Court of Justice of the EU represents yet another knock back for Nestlé in its attempt to prove its chocolate bar shape distinctive enough to warrant trademark protection. Novagraaf’s Frouke Hekker examines what the judgment means for 3D shape marks and the requirements for proof of use in the EU.
The French government is in conflict with another company over trademarks containing the word ‘France’. Novagraaf’s Ardine Siepman examines a recent ruling by the General Court of the EU, which considered whether anyone could even own the word ‘France’.
As social media becomes an everyday part of corporate marketing practice, there has been a notable increase in hashtag-based brand names. Stormzy’s label #Merky Records (as listed with hashtag at Companies House) is just one example of this growing trend. But how registrable are such names as trademarks?
It is good practice to monitor trademark registries for potentially infringing trademark applications. The challenge is in developing the right watching strategy to avoid being swamped with results. Trademark Attorney Vanessa Harrow offers some advice.
The copying of fashion and clothing designs is so endemic it appears almost accepted. But, a designer’s creative output is their intellectual property and should be protected as such, argues Senior Trademark Attorney Alastair Rawlence. He sets out tools for protection.
The UKIPO’s recent report on patent, trademark and design applications, publications and grants 1995–2017 has identified some interesting filing trends. Meanwhile, the UK government has confirmed that EU IP rights will continue to be protected in the UK post-Brexit at no-cost to brand owners.
A recent decision by the High Court of England and Wales considered whether fresh evidence was admissible for use on appeal following a successful non-use revocation at the UKIPO. Vanessa Harrow examines the decision and the principles for submitting late evidence.
Novagraaf’s Trecina Surti outlines a recent success story in a dispute brought on behalf of a leading French wine producer. The case highlights the benefits of bad faith claims in opposition proceedings against Michael Gleissner.
Fans of Federer at this year’s Wimbledon may be wondering why he’s no longer sporting the distinctive ‘RF’ logo on his tennis whites. That’s because the trademark is actually owned by his former sponsor Nike.
Novagraaf’s Florence Chapin examines the recent CJEU preliminary ruling on relabelling and exhaustion of trademark rights.
The need to file evidence of use can crop up in many cases and the requirement to show historic use can cause problems for businesses. Failure to provide adequate evidence could have a devastating impact on a case. Novagraaf’s Vanessa Harrow explains why preparation is key and provides some best practice advice.
Holder of CK EU trademark (EUTM) in classes 12, 40 and 42 successfully opposes application to register CK1 in class 12 on the grounds of likelihood of confusion.