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IP Cases & Articles
Claiming Seniority in a Community Trade Mark (CTM)
Seniority should not be confused with priority. -
IP Cases & Articles
Registered Trade Mark Protection v Common Law Rights
What are the benefits of registered trade mark protection versus common law rights? -
IP Cases & Articles
Post Trade Mark Registration Considerations
Trade marks are due for renewal every 10 years following registration and are subject to the payment of a renewal fee. Once a mark is registered it can be renewed indefinitely. There is a six-month grace period from the expiry date of the registration with the payment of a late… -
IP Cases & Articles
International Trade Mark Registrations
The Madrid system for international registrations is governed by the Madrid Agreement (1891) and Madrid Protocol (1989). The system is administered in Geneva, Switzerland by the World Intellectual Property Organisation (WIPO). -
IP Cases & Articles
Evidence and Proof of Use in Trade Mark Proceedings
Evidence is the means by which you prove an allegation before a tribunal. In the trade mark registration process, evidence may be required at various stages. It is usually submitted in written form but oral evidence may sometimes be given, or required. -
IP Cases & Articles
Company Names
The Company Names Tribunal (CNT) was set up in 2008 solely to deal with complaints made under the Companies Act 2006 where an “opportunistic” company name is sufficiently similar to an earlier registration to mislead the public, who may assume that there is a connection between the two. -
IP Cases & Articles
Ownership of Inventions and Compensation
The ownership of an invention is decided by national law. -
IP Cases & Articles
When Should a Patent Application be Filed?
It is rare that an invention is fully developed at that all important “Eureka!” moment. Indeed, Edison is believed to have said, “invention is 1% inspiration, 99% perspiration”. Further investigation and development of the invention is almost always required to ensure that it works properly. This process of development and… -
IP Cases & Articles
Processes and Timescales for Obtaining a Patent?
Broadly speaking, similar basic procedural steps are found in the patent systems of most jurisdictions. However, there are differences in how these basic procedures are implemented. In this article we summarise the main steps in obtaining a patent and comment on how some of these steps are implemented differently in… -
IP Cases & Articles
What is Priority?
The filing date of a patent application is of central importance to the application process in particular because it determines the “prior art” against which the claims of the patent application are assessed for novelty and inventive step.
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