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.
Trademarks: What is the opposition procedure?
We have written previously about oppositions and how they provide third parties with the opportunity to raise objections to trademark applications. But, what is the opposition procedure – and how can brand owners make best use of it to protect their trademarks?
Should the UK IPO have allowed the Specsavers’ ‘should’ve’ trademark?
News that the UK’s Intellectual Property Office (IPO) had approved the application by British optician Specsavers to trademark the words ‘should’ve’ and ‘shouldve’ raised eyebrows in the British media last week. Will the surprise decision open the door for other common terms to be registered as trademarks?
Brand names: can reputation overcome lack of distinctiveness?
The dispute between established burger chain Tasty Burger and newcomer Tasty Made highlights the perils of selecting descriptive terms when creating a brand name, says Novagraaf's Theo Visser.
Leicester City league success followed by upsurge in brand value
Club adds nearly a hundred million sterling to brand value, making it the fastest growing football club brand, according to the latest Brand Finance Football 50. Manchester United remains the most valuable brand overall, with Real Madrid, fresh from Champions League victory, close behind.
IP event: Join us at the 2016 AIPPI World Congress in Milan
Visit us at booth #37 at this year's annual meeting of the International Association for the Protection of Intellectual Property (AIPPI) in Milan, Italy on 16-20 September.
IP transactions: Recording a change of ownership
In the first part of our in-depth look at the IP assignment process, we set out best practice advice and procedures for smoothing the transition from sales agreement to completion. This time, Novagraaf’s Tom Farrand sets out recommended preparations for recording the change of ownership of registered rights.
Trademarks: the distinctiveness requirement
In order to obtain a trademark, the chosen brands, trade names, logos or slogans etc need to fulfil a number of conditions of registration. However, the requirement for ‘distinctiveness’ is subjective and can be dependent on a national trademark office’s policy, meaning that trademarks that are accepted for registration in one jurisdiction may not necessarily be accepted in others...
Chinese IP law: do the brands look similar?
Two recent IP cases in China emphasise that it's often the look of a brand, logo or product that is infringed rather than the word mark itself, as Novagraaf's Theo Visser reveals.
EU TM seniority claims: Weighing up the benefits
A seniority claim enables the owner of a European Trade Mark (EU TM), previously known as a Community Trade Mark (CTM), to claim prior rights based on existing national trademark registrations within member states of the European Union. A successful claim extends EU TM rights in the country claimed back to the date of the earlier national registration. However, this doesn’t necessarily mean..
Access to this website has been denied
On 6 July 2016, the Court of Appeal of England and Wales upheld a 2014 ruling on online blocking injunctions that requires Internet Service Providers (ISPs) to block access to websites offering counterfeit products and infringing trademarks. This could prove to be an important new tool for brand owners seeking to protect trademarks from online infringement, as Novagraaf’s Nora Fowler explains.