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IP Cases & Articles
Has the EPO Reopened the Divisional Window?
The European Patent Office (EPO) recently issued a practice notice which could cause the window for filing divisional applications to be extended or reopened for some pending European patent (EP) applications. You may now be able to obtain European patent rights through a divisional application that were not possible before… -
IP Cases & Articles
Has the EPO Reopened the Divisional Window?
The European Patent Office (EPO) recently issued a practice notice which could cause the window for filing divisional applications to be extended or reopened for some pending European patent (EP) applications. You may now be able to obtain European patent rights through a divisional application that were not possible before… -
IP Cases & Articles
Patent Prosecution Highway Pilot Schemes Extended
The US, Japanese and European patent offices have announced their agreement to extend their trilateral patent prosecution highway (PPH) pilot schemes, which were due to expire on 28 January 2012. In addition, the PCT-PPH scheme for international applications has also been extended by two years for the cases where the… -
IP Cases & Articles
Starbucks (HK) v Sky, EMI v Sky
On 13 September 2012, the UK Court of Appeal upheld a stay of infringement proceedings pending the outcome of an invalidity application at OHIM in respect of alleged trade mark infringement. -
IP Cases & Articles
Surveys and Witnesses to Show Confusion
Businesses use market research surveys to test a public's reaction to new products or to understand buying behaviour. They are important and valuable tools. -
IP Cases & Articles
Visual Differences Avoid Confusion in Figurative Marks
In a recent decision concerning the impact of differing figurative elements in Community trade marks where the goods in question are identical or similar, the General Court has held that, in some cases, the differences are not sufficient to avoid a likelihood of confusion. -
IP Cases & Articles
Genuine Use of a CTM in the Community in ONEL v OMEL
The Court of Justice decision has today issued in the much anticipated ONEL v OMEL case on the territorial extent of use required to constitute “genuine use” of a Community trade mark (CTM) in the Community -
IP Cases & Articles
Update on the Unified Patent Court
Despite extensive criticism from a number of EU companies, IP lawyers, judges and even the respected Max Planck Institute, the European Parliament has approved the Unitary Patent (UP) Regulation and associated legislation. Whilst this still needs to be formally ratified by 13 Member States of the EU (including UK, France… -
IP Cases & Articles
Can later design registration defend infringement?
Case C-448/10: Celaya Emparanza y Galdos Internacional SA v Proyectos Integrales de Balizamientos SL. -
IP Cases & Articles
New Zealand Joins Madrid Protocol
New Zealand has today finally acceded to the Madrid Protocol system allowing for International Registrations of trade marks to designate New Zealand.
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