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.
Brand name and trademark selection are often associated with navigating potential infringement and opposition risks. Nevertheless, the consideration of local linguistic and cultural sensitivities is also part of the process, and a recent social media spat reminds us that cultural appropriation is a strong element of this, explains UK Trademark Attorney Luke Portnow.
At the end of 2020, the UK government announced a change to the rules of representation before the UKIPO. New trademark, design and patent applications and contentious actions at the UKIPO now require a 'UK address for service' to be appointed.
Download our factsheet for an overview of registered and unregistered design rights in the UK and EU following Brexit, and our top tips for brand owners on building an effective design right strategy.
In many jurisdictions, such as the EU and UK, brand owners can file trademark applications without any requirements to file evidence of use of their chosen mark. That is not to say that the ability to provide proof of use is not important.
In 2018 kitchen cookware company Tefal applied to register its signature 'red dot' as a trademark in the UK. After appealing refusal, the application was recently rejected due to a lack of the fundamental element of distinctiveness, as Trainee Paralegal Megan Taylor explains.
Since the UK left the EU on 31 December 2020, UK-based businesses and citizens are no longer eligible to own or renew .eu domain name registrations, as UK Trademark Attorney Laura Morrish explains.
Counterfeit purchases spike before holidays such as Christmas and during designated sales periods, such as Black Friday, Cyber Monday and the January sales.
The UK’s departure from the EU at the end of this year will change the territorial requirements for genuine use of EU and UK trademarks, as Vanessa Harrow explains.
On 31 December, the Brexit transition period will come to an end and the UK will officially leave the EU. Vanessa Harrow looks in detail at the implications for trademark and design rights, including ongoing contentious proceedings.
Disney, creator of the Toy Story movie franchise, is being sued by the Evel Knievel estate, which claims that its newest character, Duke Caboom, has ripped off the likeness of the infamous stunt performer.