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Insights (621)
  • Lack of conceptual similarity, by itself, weighs against existence of likelihood of confusion, finds General Court
    Lack of conceptual similarity, by itself, weighs against existence of likelihood of confusion, finds General Court

    A recent judgement by the General Court provides a useful reminder of the tests for assessing likelihood of confusion, as well as the evidentiary requirements for establishing the distinctiveness of a...
    Read now
  • Malawi to join Madrid System for international trademark registrations

    The number of countries and regions joining the international system for trademark registration on the basis of the Madrid Agreement and its Protocol, continues to grow. Malawi is the latest country t...
    Read now
  • IP in M&A: 5 steps to manage the recordal process
    IP in M&A: 5 steps to manage the recordal process
    Trademarks & Designs

    Planning is crucial to the safe transfer of an IP portfolio no matter the timescales involved. Minimise the impact on your business and resources with these five steps for recording change of ownershi...
    Read now
  • Do you know how much your trademarks are worth?
    Do you know how much your trademarks are worth?

    An organisation's value is no longer based simply on its tangible or fixed assets; more often than not, it is the company’s intangible assets, including brand reputation and goodwill, that create its ...
    Read now
  • The IP implications of a ‘no-deal’ Brexit
    The IP implications of a ‘no-deal’ Brexit

    What happens to trademarks, designs, patents and copyright if the UK crashes out of Europe without a deal? The UK government released a series of guidance papers to address this topic last week.
    Read now
  • Need to know: Changes to Benelux Trademark Law
    Need to know: Changes to Benelux Trademark Law

    A number of important amendments were introduced to Benelux Trademark Law in 2018 and there are more to come in early 2019. A summary of the recent and expected changes is set out below.
    Read now
  • Uggs and the battle against trademark genericism
    Uggs and the battle against trademark genericism

    A US court ruled this month that ‘ugg’ is not a generic term to describe the popular slouchy sheepskin boots, clearing the way for the brand owner, Deckers Outdoor Corporation, to pursue its trademark...
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  • Reputation matters in dispute over twin sandwich biscuits
    Reputation matters in dispute over twin sandwich biscuits

    EU trademarks ‘with reputation’ enjoy a broader scope of protection than those without. But, what does this broader scope entail? Novagraaf’s Timo Buijs sets out the key points of the doctrine in ligh...
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  • Up in smoke? Trademark infringement and e-cigarettes
    Up in smoke? Trademark infringement and e-cigarettes

    As e-cigarette use grows, so do the dangers of trademark infringement for well-known brands, as Trademark Attorney Claire Jones explains.
    Read now
  • IP licensing: How to get it right for your business
    IP licensing: How to get it right for your business

    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 into new markets and geographie...
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  • Protecting slogans as trademarks: how and why
    Protecting slogans as trademarks: how and why

    Although not impossible, seeking trademark protection for slogans in the European Union can prove difficult. What can be learned from those slogans that have achieved success?
    Read now
  • Trademarking a letter: EUIPO finds Diesel’s ‘D’ to not be in genuine use

    Fashion brand fails to provide adequate proof of use for the stylised capital D it registered as an EU trademark in 1999. Ardine Siepman examines the decision.
    Read now
  • Chef in argument over ownership of his own name
    Chef in argument over ownership of his own name

    If you build a brand or reputation around your own name, what happens if a third-party owns the trademark registrations to that name, rather than you?
    Read now
  • First steps to exporting: getting your IP rights in order
    First steps to exporting: getting your IP rights in order

    When seeking to expand into new markets or territories, it’s important to ensure IP protection is first in place. Dr Peter Wilson sets out the IP elements to consider when developing or updating an ex...
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  • Trademark tips: Understanding the opposition procedure
    Trademark tips: Understanding the opposition procedure

    It is crucial to act promptly when submitting objections (or oppositions) to challenge potentially conflicting trademark applications. But, what is the opposition procedure – and how can brand owners ...
    Read now
  • The trademark strategies behind Switzerland’s most valuable brands
    The trademark strategies behind Switzerland’s most valuable brands

    Chantal Koller, Managing Director – Trademarks at Novagraaf Switzerland, shares some of the approaches used by leading Swiss companies to achieve both brand dominance and market success.
    Read now
  • Packaging and trademark marking
    Packaging and trademark marking

    We recently set out guidance on marking products with patent and design numbers, including examining the benefits and risks of doing so. Here, we look at packaging and product marking from the tradema...
    Read now
  • The KitKat trademark ruling and the importance of proof of use
    The KitKat trademark ruling and the importance of proof of use

    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. Nov...
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  • Who owns ‘France’?

    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 consid...
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  • Grime artist Stormzy and hashtag trademarks
    Grime artist Stormzy and hashtag trademarks

    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 Comp...
    Read now
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