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IP Cases & Articles
Protected designation of origin: NOSECCO evokes PROSECCO
The UK Intellectual Property Office (UKIPO) has refused the UK designation of the international registration for the mark containing the word “NOSECCO” (as shown below) and covering “Non-alcoholic wines; non-alcoholic sparkling wines” in class 32, finding that it evokes PROSECCO, which is a protected designation of origin (PDO). -
IP Cases & Articles
Genuine use of a collective mark: Der Gruene Punkt
The Court of Justice (CJEU) recently strengthened the position of owners of collective marks in the EU, in particular by taking into account the specific consumer perception when assessing genuine use of such collective marks. -
IP Cases & Articles
Identifying hue: Fromageries Bel v J Sainsbury
In corroboration of the UKIPO’s decision, the High Court of England and Wales has upheld that the trade mark (depicted below) for the Mini Babybel product should be deemed invalid on the grounds that the mark’s description did not identify a specific hue of red and therefore was not sufficiently… -
IP Cases & Articles
Cofemel decision applied for the first time by UK court
In Response Clothing v The Edinburgh Woollen Mill the IPEC has issued its first ruling following the CJEU’s decision in Cofemel, finding that “complete conformity” with EU law would preclude any requirement of aesthetic appeal. -
IP Cases & Articles
EUIPO guidelines: more guidance now available
The new trade mark and design guidelines entered into force as of 01 February 2020. The design guidelines underwent no substantial changes and while there are no fundamental changes to the 2017 version of the trade mark guidelines, the new trade mark guidelines shed light on various aspects, which may… -
IP Cases & Articles
Bad faith: Outsource Professional Services v Flatworld Solutions
It isn’t that often cases on the question of bad faith reach the Court of Justice of the European Union (CJEU). As usual the outcome is heavily dependent out the facts specific to the case. -
IP Cases & Articles
UK design novelty grace period when can it be validly applied?
In respect of the UK design registration system, one of its attractive qualities is the provision of a novelty grace period to discount against certain disclosures, made in the preceding 12 months before the effective priority date of a UK registered design, from being used to invalidate the design registration. -
IP Cases & Articles
EPO official fee increases: effective 01 April 2020
European Patent Office (EPO) fee increases came into effect on 01 April 2020. The EPO usually reviews official fees every two years. Most of the rises are moderate increases in the order of 4% or 5% and are in line with inflation. Some are higher and worth noting. -
IP Cases & Articles
Missing the 12 month priority deadline for a PCT patent application applying for restoration, or sneaking through the international backdoor?
In respect of obtaining patent protection in a number of territories around the world, this is often achieved by submitting a patent application in an initial first territory (usually where the applicant is based), and then following this up with a second international PCT patent application to initiate the process… -
IP Cases & Articles
Red Bull v Big Horn
The England and Wales High Court has recently handed down a judgment confirming that Big Horn’s signs infringe Red Bull’s European Union trade marks (EUTMs). Deputy Judge Kelyn Bacon QC found that the signs took unfair advantage of the distinctive character and repute of the energy drink giant’s marks, but…
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