EU

It is now just 9 days until 29 March 2019, but the terms (and date) of the UK’s departure from the EU are still to be confirmed. What happens now?

The ruling follows years of uncertainty for tonic water brands following the introduction of EU nutrition and health claim regulations designed to prevent food and drink products from implying positive health benefits.

The UK’s dairy industry has objected to the use of the word ‘cheese’ by Vegan cheesemonger La Fauxmagerie, which opened in London last month, citing EU rules requiring products marketed as ‘milk’, ‘cheese’ and ‘butter’ to include dairy.  

Despite the apparent blow previously delivered by the CJEU to holders of geographical indications, Hamburg's Regional Court has found in favour of the Scotch Whisky Association in its dispute over use of the term 'Glen'.

Brand owners have long complained about the ease with which counterfeiters are able to sell fake goods in online sites such as Amazon. Now, the retailer has announced plans to introduce serial numbers and improve automatic detection to curb such sales.

The amended Benelux Convention on Intellectual Property (BCIP) came into force on 1 March, bringing Benelux trademark law in line with the EU Trade Mark Directive. Among other changes, it introduced new opportunities for the registration of non-conventional trademarks, such as multimedia or motion marks.

EU trademarks ‘with reputation’ enjoy a broader scope of protection under EU trademark law. Timo Buijs examines this doctrine in light of the recent conflict between ‘Spa’ and ‘Spaaq’, as well as what happens when trademarks become so well known as to risk becoming generic.

With the next ‘meaningful vote’ delayed until 12 March, pressure has grown on the UK government to exclude no-deal as an option for Brexit – and, if necessary, to request an extension to Article 50. This has resulted in further votes being scheduled for 13 and 14 March. As we wait for the outcome of those votes, our updated Brexit white paper provides a helpful overview of the current situation for IP, and what brand owners can do to prepare themselves whatever the Brexit outcome.

First broadcasted on 13 March 2019, this webinar will explain the status of Brexit negotiations (as of 13 March) and the plans that have been put in place for the cloning of IP rights (including in a ‘no-deal’ scenario).

Marketing teams and their legal advisers naturally differ in their approach to brand name creation. The former often preferring product names that their more risk-averse legal colleagues consider too ‘descriptive’ from a trademark perspective. How do you find the right balance?

So much of Brexit is up in the air, including the date when the UK’s exit from the EU will even occur. We summarise what we know so far, and how businesses should prepare.

In 2018, Chinese telecoms company Huawei filed an EU trademark application for the word mark ‘Freebuds’ covering headsets and earphones. EUIPO refused the application due to its lack of distinctive character. That ruling has recently been upheld by EUIPO’s Board of Appeal. Frouke Hekker outlines the decision.