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Brands routinely find creative and innovative ways to generate new customers or retain existing ones. A notable recent example of this has been the use of sub-brands to branch out into the same or a new market without jeopardising the parent brand’s existing position. We discuss the trademark implications.
Oppositions to EU trademark applications that included the word ‘Rocky’ have been rejected on the grounds that any likelihood of confusion with the titular film character has been neutralised by the obvious conceptual differences.
The system for design protection continues to expand with China the latest country to file an instrument of accession. The country will complete this process on 5 May 2022 making now a good time to consider whether your IP rights in China are adequately protected.
Domain names play an important role in the sales and marketing activity of any organisation, but the IP implications of registering and managing online channels can be easily overlooked, especially if responsibility sits outside the IP department with marketing and/or IT teams. We set out points to consider when seeking to align domain name registrations with trademark rights.
If a likelihood of direct confusion between two trademarks cannot be established, the courts may still be prepared to find infringement on the basis of a likelihood of indirect confusion. A decision by the England and Wales Court of Appeal over the ‘American Eagle’ trademark provides some insight into the circumstances necessary for indirect confusion to apply.
The development of a new product or a new process is rarely easy. From the challenges and concerns raised during R&D to the difficulty of finding suppliers and convincing investors, there are many obstacles that need to be overcome.
Female technology (FemTech) is becoming big business with health and wellness apps, software and diagnostic products promising to revolutionise women’s health. Asma Mejri sets out strategic IP advice for FemTech start-ups.
Owners of well-known trademarks seeking to introduce a new product and service may find themselves blocked by ‘trademark squatting’, where a third party has already applied for an identical or similar trademark. A recent ruling by the Dutch Higher Court illustrates why and how to take action.
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 ownership.
The EPO’s Enlarged Board of Appeal has issued its highly anticipated decision on the patentability of computer-implemented simulations. Martin Kohrs examines the decision and its implications.
The German Federal Constitutional Court has cleared the way for Germany to finally implement the Agreement on a Unified Patent Court (UPCA). In so doing, the unitary patent and court system could come into being as of mid-2022.
Similarities in packaging between Howler’s stout beer and Nestlé’s MILO® chocolate milk hit the courts in Australia last month, with the case illustrating the need for trademark protection of visual branding elements, says Chantal Koller.