Insights

The recent ruling by the Court of Justice of the EU represents yet another knock back for Nestlé in its attempt to prove its chocolate bar shape distinctive enough to warrant trademark protection. Novagraaf’s Frouke Hekker examines what the judgment means for 3D shape marks and the requirements for proof of use in the EU.

The French government is in conflict with another company over trademarks containing the word ‘France’. Novagraaf’s Ardine Siepman examines a recent ruling by the General Court of the EU, which considered whether anyone could even own the word ‘France’.

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?

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. We set 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.

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.