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Insights (634)
How to protect a shape: 3D trademark, design law or copyright?You could protect a new product shape through trademark, design and copyright law. Find out how, in reality, design law and copyright are the most applicable.Read now
Trademark infringement law: Differing indirect confusion definitions in the EU and UKRead about the different positions taken by the EUIPO & UKIPO in a recent opposition based on indirect confusion that emphasises the importance of local representation.Read now- UKIPO practice direction on address for service: what does it mean?In response to recent uncertainty, we set out the changes from the UKIPO address for service practice direction and offer practical advice for affected rights holders.Read now
FAQsUK address for service for trademarks and designs: Your FAQs answeredTrademarks & DesignsRead answers to some of the most frequently asked questions about when a UK address for service is required for UK trademarks and designs.Read now
Patent descriptions: T1742/19 and insufficient disclosureA November 2022 decision by the Boards of Appeal of the EPO addresses several issues relating to the sufficiency of disclosure in patent descriptions.Read now
Informative use: Necessity or trademark infringement?When describing a product's feature or function, you can refer to another brand’s trademark. But, there is a fine line between informative use & trademark infringement.Read now
Unitary patent: The ‘Sunrise period’ for UPC opt-outs begins on 1 MarchThe unitary patent and UPC system are now scheduled to come into being, with the Sunrise Period scheduled to begin on 1 March 2023. No further extensions are expected.Read now
Belize joins Madrid System for international trademark registrations in 2023Belize has joined the Madrid System for international trademark registrations as of 24 February 2023, adding to the list of Madrid System countries.Read now
EU design law: Preparing for a digital ageTrademarks & DesignsOn 8 December 2024, the EU Design Reform package finally entered into force. We explore what the changes mean for design owners in the EU.Read now
No monkey business: Banksy trademark not filed in bad faithEUIPO declared the trademark for Banksy's Monkey image invalid on the grounds of bad faith in 2021, but that Banksy trademark decision has now been overturned.Read now
Wine labelling requirements: Mandatory fields on French wine labelsFrom producer to grape variety, vintage and alcohol level, wine labels include a range of information due to mandatory wine labelling requirements.Read now
How to keep patentable inventions confidential: Contracts, publication clauses and provisional applicationsFind out how to keep patentable inventions confidential with contracts, whether you are filing a patent application or keeping a new invention secret.Read now
First medical use claims in European patent applicationsMust a compound be shown to be suitable for each disease for first medical use claims to be sufficiently disclosed in applications for European patents, asks Matthieu Boulard.Read now
IP enforcement: Trademarks as ‘sword’ or ‘shield’?Find out why deciding on your IP enforcement and protection strategy means keeping both the 'sword' and 'shield' functions of trademarks in mind.Read now
Design registration: Be careful of accidental publication on social mediaA finding of invalidity against Puma provides a valuable warning of the dangers of accidental publication online before obtaining design registration.Read now
International trademark registration: Update to Nice Classification at start of 2023A new edition of the Nice Classification system for international trademark registration will become available on 1 January 2023.Read now
Copyright protection: can you own a fictional character?CopyrightFind out why special care must be taken when using well-known characters, as an interesting UK case law development in copyright protection demonstrates.Read now
Hard seltzers: A sparkling market shaken by regulationFind out what hard seltzers are and why this popular drinks craze has fallen foul of global regulators.Read now
EU design rights: What is a ‘normal use’ of a product?Trademarks & DesignsWhat is the ‘normal use’ of an object under EU design law? A case concerning an EU design registration of a bike saddle set out to answer this question.Read now
Trademark enforcement lessons: ZANA, Zara and PRFind out why trademark enforcement based on "the marks only differ by one letter" rule can be damaging and costly, as the recent HOUSE OF ZANA v ZARA case shows.Read now