Insights

Patent and trademark offices are adapting their working methods in light of the coronavirus pandemic.

The Unified Patent Court Agreement received a further blow this month after Germany’s Federal Constitutional Court declared the Act establishing the system null and void on constitutional grounds.

Earlier this year, the EPO published its decision setting out the reasons for its refusal of two European patent applications in which an AI system was designated as the inventor. 

Despite holding a EU collective trademark, the EU General Court ruled that ‘Halloumi’ was too descriptive, and thus lacking in distinctive character, to successfully oppose a EU trademark application for ‘BBQloumi’. Now, the CJEU has set aside that decision.

As the coronavirus spreads, so too do related trademark applications. It’s only the latest example of how registrations follow medical and political news.

In a new twist to the ‘Royal’ trademark saga, Prince Harry and Meghan Markle have retracted their application for the ‘Sussex Royal’ marks. Megan Taylor outlines the barriers to obtaining a Royal trademark.

Counterfeit activity is a threat to all modern businesses, affecting their profits, their reputation and, in some cases, the safety of their consumers. This white paper sets out five steps to success when targeting the trade in fakes, and provides answers to some frequently asked questions

The revised Rules of Procedure at the EPO’s Boards of Appeal (RPBA), known as ‘RPBA 2020’, came into force on 1 January 2020. The revised rules apply to any appeal pending on, or filed after, this date.

If a trademark office deems a potential trademark to be contrary to public policy or accepted principles of morality, it can refuse to register the mark. Following a recent CJEU decision, concrete evidence will be necessary to substantiate that decision, as Casper Hemelrijk explains.