Trademarks & Domain Names

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. Preparation is critical to success.

Earlier this month, EUIPO’s Board of Appeal ruled on an opposition between German drink brand Jägermeister and French company Les Bordes over ownership of a stylised Hubertus stag.

Unlike trademark registration systems, which are national or regional by nature, the internet offers a global and potentially limitless market. Businesses with the same or confusingly similar company or product names can face a considerable challenge to mitigate the risks of brand confusion online.

Owners of registered EU rights benefited from the automatic cloning of those rights onto the UK register at the end of the Brexit transition period, but pending rights were not similarly converted. Luke Portnow sets out the steps needed to be taken by 30 September to protect such marks in the UK.

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.

Last month, the General Court of the European Union achieved a new milestone when it handed down its first-ever judgement on a sound mark registration, presented as an MP3 file. Koen de Winder sets out the background and implications of the ruling.

We all know that a recognisable and trusted brand name is a powerful asset with clear benefits in terms of customer recognition, loyalty and goodwill, reputation and market share. The challenge lies in quantifying and communicating that value.

Drinks companies have diversified their products and ranges, and implemented new strategies in response to changing consumer preferences and the impact of both Brexit and COVID-19. But, what do these factors mean for brands' IP strategies moving forward? 

It is crucial to act promptly when submitting objections (or oppositions) to challenge potentially conflicting trademark applications. But, what is the opposition procedure – and how can brand owners make best use of it to protect their trademarks? V

The UKIPO recently upheld an opposition by Cambridge University to a trademark application by Chadlington Brewery Limited, for the mark ‘Cambridge Blue’, claiming beers in Class 32. The decision offers a useful summary of the UK’s common law tort of ‘passing off’, says Luke Portnow.

It is good practice to monitor trademark registries for potentially infringing trademark applications. The challenge is in developing the right watching strategy to avoid being swamped with results. Trademark Attorney Vanessa Harrow offers some advice.

On 21 July 2021, we gathered a panel of Novagraaf and industry experts to discuss the IP trends and challenges facing the spirits, wine and beer sectors.