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IP Cases & Articles
Amendments to the Patents Rules 2007
On 02 August 2016 the UK Intellectual Property Office (UKIPO) published the UK Government's response to a consultation seeking views on a number of proposed amendments to the Patents Rules 2007. -
IP Cases & Articles
Order from the Enlarged Board of Appeal in G 1/15
The EPO's Enlarged Board of Appeal has recently issued an order which apparently summarises their conclusions with respect to the issue of "poisonous divisionals". -
IP Cases & Articles
Brexit and the Unified Patent Court and unitary patent
The UK has "confirmed it is proceeding with preparations to ratify the Unified Patent Court Agreement". These preparations will continue over the coming months. This announcement raises a number of questions about the unitary patent (UP) and Unified Patent Court (UPC). -
IP Cases & Articles
Use it or lose it - what qualifies as genuine use?
Trade mark proprietors are often faced with the ultimatum 'use it or lose it', but when asked to provide evidence of genuine use of your mark, how far can your actual use stray from the mark as registered? -
IP Cases & Articles
Distinctive character. Music to your ears - not!
In this case the General Court (GC) confirmed that sound marks need to be in tune with distinctive character to achieve registration. -
IP Cases & Articles
Pleased as punch - confusion strikes again
When push came to shove, the General Court (GC) dismissed an appeal against the European Intellectual Property Office (EUIPO) Board of Appeal's finding that there was a likelihood of confusion under Article 8(1)(b) EUTMR between the word marks PUSH and PUNCH for identical goods, being various tobacco products in class… -
IP Cases & Articles
Choice words: settlement agreement wording
A recent Intellectual Property Enterprise Court (IPEC) decision has found that vague wording used in a compromise agreement was sufficient in scope to release the defendants from liability in relation to trade mark infringement and passing off. -
IP Cases & Articles
Arrom Counseil loses appeal to the GC
In two related cases, the General Court (GC) upheld the decision of the European Union Intellectual Property Office (EUIPO) Board of Appeal, confirming the partial existence of a likelihood of confusion between the figurative sign incorporating the text "ricci" and the earlier trade mark RICCI in relation to certain goods… -
IP Cases & Articles
Toblerone's new shape raises trade mark questions
Toblerone's recent announcement of a decision to change the weight of its products in the UK, as reported in the media, introducing wider gaps between the bar's triangles, raises questions regarding trade mark protection of the bar itself. -
IP Cases & Articles
Passing off based on get-up - a cup of disappointment
This case provides a very useful overview of the tricky area of passing off based on get-up; an issue which has always sat rather uncomfortably with public perception.
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