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News about trademarks

Trademarks, whether they are strong, beautiful or special, play an important role in our daily lives. All brands have their own story, their own context within which they develop. Investing in the value of a trademark is an important part of a business’s strategy since the value of a trademark or trademarks to a great extent determines the profitability of the organisation and thus its value. With practical situations as a focus, this section sets out all relevant and interesting developments in the field of trademark law.

In celebration of National Burger Day – 27 August 2015

26-08-2015

Burgers and the brands that sell them have been a staple of western culture for many years. To celebrate National Burger Day, Novagraaf's Claire Jones takes a look at burger-related disputes in the trademark world and offers advice for those in the burger trade (and wider restaurant/food provision services) on how to protect and grow their brands.

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IP licensing: are you making the most of your assets?

25-08-2015

IP licensing can provide companies with additional (or core) revenue streams, enable them to raise brand awareness and enhance their reputation, and extend their brands or enter new markets. However, if IP ownership or validity is unclear, it can also pose significant financial and business risk. Novagraaf’s Chantal Koller explains how to develop an effective licensing strategy.

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Don’t get into a fight with the Rugby World Cup 2015 organisers

24-08-2015

The Rugby World Cup is among the top 10 largest sporting events in the world. The tournament is organised every four years and, this year, will be hosted by the UK from 18 September to 1 November. On previous form, it is likely that the Rugby World Cup organisation act will be as strict as FIFA and the International Olympic Committee when it comes to protecting its brands, sponsors and,..

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Sun protection versus brand protection

30-07-2015

During the summer months, pharmacy shelves are packed with sunscreens ranging from factor 6 to 50+. These products generally offer excellent protection against the sun but, when it comes to brand protection, it’s a different story: both the numbers and the term sunscreen do not fulfil requirements for distinctive character and, therefore, cannot be registered as trademarks. We set out the..

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The EU’s Trademark Reform Package - what does it mean in practice?

28-07-2015

Reforms to the EU’s trademark system have been proposed to modernise European trademark law, and to make it more ‘effective, efficient and cohesive’. Following approval of the provisional agreement by the Council of the European Union earlier this month, the reforms took another step closer to reality. We set out the likely impact and benefits of the proposed changes.

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Lipsy case highlights importance of trademark monitoring online

27-07-2015

The fashion sector is a common target for counterfeiting, with fake products sold on lookalike websites, as well as social media and auction sites, such as eBay. Brands need to keep a watchful eye on activity if they are to stop infringers from profiting from their reputation and duping their customers with low quality rip-offs of their products. A recent case brought by popular fashion brand..

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Need to know: the Madrid System and International Trademarks

15-07-2015

The Madrid System for the international registration of marks offers brand owners the opportunity to apply and maintain protection for trademarks in more than 90 countries via one single procedure, in one language and one set of fees. However, levels of protection can vary and the process is not without its shortfalls. Novagraaf’s Claire Jones explains how to make best use of the system.

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The state of counterfeiting in the European Union

14-07-2015

Europol and the Office for Harmonization in the Internal Market (OHIM) have released a joint report on 2015 counterfeiting situation in the European Union. Relying on contributions from Member States’ enforcement authorities and the private sector, the report identifies the main traits of the trade in fake goods, and provides illustrative case studies. Key findings include:

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Infringed, but invalid: Key lessons from Sofa CTM challenge

09-07-2015

Last month, the IP Enterprise Court issued a decision in an infringement action based on two Community Trade Marks (CTMs) for SOFA WORKSHOP. In a lengthy, but must-read decision, Judge Hacon found that the two CTMS were invalid and liable to be revoked for non use, despite the extensive use and reputation of the trademarks in the UK. Of some comfort to the claimant, Sofa Workshop, it did succeed..

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German supermarket chain shuts down Ilovealdi.com

03-07-2015

It may have been registered as a fansite, but Aldi has revealed a zero tolerance approach to trademark infringement in its action against ilovealdi.com. The German supermarket chain used WIPO’s UDRP procedure to successfully shut down the site.

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