UK

We recently set out guidance on marking products with patent and design numbers, including examining the benefits and risks of doing so. Here, we look at packaging and product marking from the trademark perspective.

As social media becomes an everyday part of corporate marketing practice, there has been a notable increase in hashtag-based brand names. Stormzy’s label #Merky Records (as listed with hashtag at Companies House) is just one example of this growing trend. But how registrable are such names as trademarks?

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.

The copying of fashion and clothing designs is so endemic it appears almost accepted. But, a designer’s creative output is their intellectual property and should be protected as such, argues Senior Trademark Attorney Alastair Rawlence. He sets out tools for protection.

A recent spat over a recipe image used on Instagram highlights the importance both of clearing images for use before posting, and of protecting your own images using copyright symbols and watermarks, as Claire Jones explains.

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.

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.

Businesses need to understand and regularly review the scope of their IP agreements, not only to ensure they protect their valuable IP rights from theft or accidental lapse, but also to maximise opportunities to increase the value and income of their IP portfolios.

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.