The UKIPO’s recent report on patent, trademark and design applications, publications and grants 1995–2017 has identified some interesting filing trends. Meanwhile, the UK government has confirmed that EU IP rights will continue to be protected in the UK post-Brexit at no-cost to brand owners.
A recent decision by the High Court of England and Wales considered whether fresh evidence was admissible for use on appeal following a successful non-use revocation at the UKIPO. Vanessa Harrow examines the decision and the principles for submitting late evidence.
The European Commission is seeking to make it easier to place generic drugs on the market on expiry of SPC protection. Eric Enderlin outlines the implications.
Novagraaf’s Trecina Surti outlines a recent success story in a dispute brought on behalf of a leading French wine producer. The case highlights the benefits of bad faith claims in opposition proceedings against Michael Gleissner.
The UK government issued its latest 'white paper' on the future relationship between the UK and European Union yesterday (12 July). Apart from general statements on the importance of IP protections, it did not mention or specify plans for how IP rights would be managed post-Brexit, other than in regards to Geographical Indications (GIs) and, to a lesser extent, the Unitary Patent (UP).
It has become common practice in modern advertising for innovation-driven companies to shout about the patent rights protecting their products, including marking products with patent numbers. Doing so also acts as a deterrent to infringers and can increase the likelihood of successfully claiming damages where infringement does occur. However, the practice does not come without risks, as Eric Siecker explains.
Fans of Federer at this year’s Wimbledon may be wondering why he’s no longer sporting the distinctive ‘RF’ logo on his tennis whites. That’s because the trademark is actually owned by his former sponsor Nike.
Novagraaf’s Florence Chapin examines the recent CJEU preliminary ruling on relabelling and exhaustion of trademark rights.
The need to file evidence of use can crop up in many cases and the requirement to show historic use can cause problems for businesses. Failure to provide adequate evidence could have a devastating impact on a case. Novagraaf’s Vanessa Harrow explains why preparation is key and provides some best practice advice.
Holder of CK EU trademark (EUTM) in classes 12, 40 and 42 successfully opposes application to register CK1 in class 12 on the grounds of likelihood of confusion.
European trademarks can be at risk of revocation actions on the basis of non-use (after the five-year grace period has expired). Novagraaf’s Ardine Siepman outlines what is considered ‘genuine use’ and the evidence needed to support such use.
The Court of Justice of the European Union (CJEU) has delivered yet another blow to the Scotch Whisky Association (SWA) in its attempt to bar non-Scottish distilleries from using the word ‘Glen’ in product names. Novagraaf’s Vanessa Harrow examines the implications for brand owners of protected geographical indications (GIs).