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IP Cases & Articles
Negative term SPCs - a positive outcome
The CJEU has recently issued a decision allowing SPCs to be granted with negative terms. Whilst this might initially seem surprising it is actually an encouraging outcome for innovator pharmaceutical companies. -
IP Cases & Articles
Inventive Step - Is it Still Plausible?
Readers will be aware that the ‘problem-and-solution approach’ is used by the EPO to determine the question of inventive step. -
IP Cases & Articles
GC Refuses VIAGUARA Mark for Dissimilar Goods
According to the General Court of the European Union, the sign VIAGUARA cannot be registered as a Community trade mark for drinks. The Court has ruled that use of that sign is likely to take unfair advantage of the distinctive character or repute of the trade mark VIAGRA, owned by… -
IP Cases & Articles
No Likelihood of Confusion Between 'Boomerang' Marks
El Corte Inglés v OHIM, Case T-593/10. On 24 January 2012, the General Court of the European Union agreed with OHIM's Board of Appeal that there does not exist a likelihood of confusion between Jian Min Ruan’s Community Trade Mark (CTM) application (the sign) and the earlier CTM (the earlier… -
IP Cases & Articles
EPO Rule Changes from 1 April 2012
EPO official fees are going up. The increase is generally in the region of 5% to 10%. The new fees apply to payments made on or after 1 April 2012, except in the case of the fee for an international search and any transmittal fee which apply to international applications… -
IP Cases & Articles
Likelihood of Confusion Between Ragolizia and Favolizia
August Storck KG v OHIM: Case T-462/09 - On 12 January 2012, the General Court of the European Union (the Court) agreed with OHIM's Board of Appeal that there exists a likelihood of confusion between the Community trade mark (CTM) Application for 'RAGOLIZIA' by August Storck KG and the earlier… -
IP Cases & Articles
New Generic Top Level Domains (gTLDs)
On 12 January 2012, the Internet Corporation for Assigned Names and Numbers (ICANN) will open the application window for the New Generic Top Level Domains (gTLD) Program. -
IP Cases & Articles
Sweet Success - Cadbury Registers Purple Colour in UK
Following an opposition from Nestlé, Cadbury has been successful in registering the colour purple, in relation to a range of chocolate products. -
Newsletter
Trade Mark Newsletter No.60
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IP Cases & Articles
Proof of Use Unproven for 'Royal Shakespeare'
This Trade Marks Registry decision highlights what is required to defend a non use revocation action filed against a trade mark registration. Jackson International had registered ROYAL SHAKESPEARE in connection with ‘beers, including low-alcohol and non-alcoholic beers; fruit drinks; fruit juices and isotonic drinks’ in class 32.
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