Hot topics

In November 2022, the European Commission published a proposal to update current EU design law to adapt it to the digital age. Noa Rubingh outlines the proposed changes and the road to implementation. 

EUIPO's Cancellation Division declared the trademark registration for Banksy's Monkey image invalid on the grounds of bad faith in spring 2021. In October 2022, that Banksy trademark decision was overturned based both on the absence of bad faith and the image’s distinctiveness, as Rosan Slits explains.

The Madrid System for the international registration of trademarks allows brand owners to apply and maintain protection in the different member states of the system via one single procedure, in one language and one set of fees. However, levels of protection can vary and the process is not without its shortfalls.

A new edition of the Nice Classification system for international trademark registration will become available on 1 January 2023. We outline the changes and their implications for trademark applicants.

Should the trademark owner be held liable for a product defect, even if they did not manufacture the goods? That was the question at the heart of a recent dispute before the Court of Justice of the EU. Noa Rubingh examines the ruling and its implications for trademark owners. 

In the rush to launch a new business, product or service, businesses often fail to consider trademark protection for key elements of their branding. Laura Morrish shares eight reasons for starting the trademark process early in the brand creation process.

Businesses that are managing different brand names for the same products in different jurisdictions could save time and money by harmonising their trademark portfolio, says Luke Portnow.

Effective IP portfolio management does not only require access to the right technology and tools. IP firms and departments also need to consider how they approach their day-to-day IP tasks.

When businesses merge with or acquire other businesses, the challenge for IP professionals doesn’t stop once the deal is complete. For IP rights to be properly updated and maintained, the question of how to brand and structure the newly merged business first needs to be addressed.

Two types of trademark watching exist to help brand owners to protect their rights: Trademark watching for conflicting trademark registrations and keyword monitoring for unauthorised use of brand rights online. We explain why these services are so important and how they work.

Non-fungible tokens (NFTs) became a hot topic and a potential cause of panic for many IP owners at the beginning of the year. Could the arrival of NFTs and the growth of the virtual herald a revolution for IP rights.

If you registered your brand name as a trademark, you can oppose the (more recent) use of a similar name for similar products and/or services if that use could cause confusion among the relevant public. To exercise your trademark rights, you must first monitor and identify for conflicting use.