EU

Assumptions that the shape mark is dead may have been overturned this month, after the General Court of the EU found the shape of a lipstick suitable for trademark protection. While it is not easy to protect characteristics such as shapes under EU trademark law, the recent judgement provides hope for companies wishing to protect design elements or other features of their products.

Finally, some good news for the Unitary Patent. Germany's Federal Constitutional Court has rejected the two applications for a preliminary injunction against the German Act of Approval to the Unified Patent Court Agreement. The decisions mark a key step forward for the Unitary Patent, says Robert Balsters.

The ruling in 'Museum of illusions' is a reminder that the assessment of the likelihood of confusion must be considered globally and cannot result from a mechanical application of the principles, as Florence Chapin explains.

Koen de Winder examines ‘image rights’ in the context of a Dutch model’s attempt to register her portrait as a trademark.

The battle between the 'impossible' and the 'incredible' burgers resumed on 5 May when EUIPO’s Cancellation Division assessed a claim of invalidity against the ‘Impossible Burger’ trademark. Loretta Dashorst sets out the background to the latest ruling.

As a business grows, so too do the demands on its IP department. In an excerpt from our white paper, we set out the pros and cons of the fully in-house, fully outsourced and hybrid IP management models.

Novagraaf’s Department of Mechanical Engineering has provided patent services to United Caps, a manufacturer of plastic caps for the food industry, for more than 15 years. We spoke to Sébastien Rime, Director of R&D, about current challenges in the manufacturing and production of plastic caps, and how Novagraaf has been able to help.

In the second of our articles focusing on brand protection on online marketplaces, Markus Rouvinen explains how the forthcoming Digital Services Act offers both opportunities and risks for brand owners seeking to protect their IP online.

A recent judgment concerning LEGO bricks has been reported in the news as confirmation of design protection for the popular children's toy. Unfortunately, many of these media reports rushed to the wrong conclusions, says Esther Schnepper. She outlines what can actually be deduced from the March 2021 judgment by the EU’s General Court.

To date, new Guidelines for Examination have been published by the European Patent Office (EPO) almost every November like premier wines. But, with 2020-2021 not a year like any other, the new guidelines were instead published in February, entering into force on 1 March. Sylvain Chaffraix sets out the changes.

The growth of e-commerce during the COVID-19 pandemic has placed the IP spotlight once again on brand protection on online marketplaces. Markus Rouvinen sets out how recent case law may offer new routes for brand owners to protect their rights on these platforms.

At the end of 2020, the UK government announced a change to the rules of representation before the UKIPO. New trademark, design and patent applications and contentious actions at the UKIPO now require a 'UK address for service' to be appointed.