The number of countries and regions joining the international system for trademark registration on the basis of the Madrid Agreement and its Protocol, continues to grow, with Canada the latest country to deposit an instrument of accession at WIPO.
The ruling follows years of uncertainty for tonic water brands, as a result of 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'.
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.
The producers of the popular TV series have sent a cease and desist notice to the owners of an unofficial Peaky Blinders-themed bar in Manchester, UK.
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.
J Sainsbury, more commonly known as supermarket chain Sainsbury’s, has had success in a recent trademark invalidity application at the UKIPO against the shape of a Babybel cheese. Claire Jones outlines the case and considerations for brand owners.
Colours form some of the world’s most recognisable and valuable trademarks, but the bar for registration is high. Even after registration and long-standing use, they can still be at risk of attack, as illustrated by the latest setback to Cadbury in its battle to protect its iconic shade of purple.
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.
Rockstar Games, the makers of the 2018 hit action-adventure game Red Dead Redemption 2 (RDR2) is battling to overcome a trademark challenge by Pinkerton Detective Agency.
The quality of evidence of use submitted can make or break a trademark cancellation defence, no matter how big the brand, as fast-food giant McDonald’s recently found to its cost.