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IP Cases & Articles
UK Exhaustion of IP rights regime set to continue following consultation
The UK Government has announced that its current IP exhaustion regime will remain in place for the time being, as there is not enough data available to understand the economic impact of any alternative proposals. -
IP Cases & Articles
UPC Provisional Application Period (PAP) commences
Following news on the 18 January 2022 that Austria has deposited the instrument of ratification for the Protocol to the Agreement of a Unified Patent Court, the UPC Preparatory Committee has announced the commencement of the UPC Provisional Application Period (PAP). In a statement on its website, dated 19 January… -
IP Cases & Articles
Austria completes ratification for the Protocol to the UPCA, enabling start of UPC provisional application period
On 18 January 2022, Austria deposited the instrument of ratification for the Protocol to the Agreement on a Unified Patent Court (UPC) on provisional application, allowing the provisional application period (PAP) to start. -
Newsletter
Trade Mark Newsletter No.120
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IP Cases & Articles
EUIPO appeal cases: validity of UK rights post Brexit
Following Brexit and the end of the transition period on 31 December 2020, European Union trade marks (EUTMs) can no longer be rejected, opposed or invalidated on the basis of rights which exist in the UK only. An opposition or invalidity action that was pending on 01 January 2021 in… -
IP Cases & Articles
T592/20: bad faith timing is everything
In March 2017, Univers Agro Ltd filed a European Union trade mark (EUTM) application for the word AGATE in class 12, which proceeded to registration in June 2017. In July 2017 the registration was used to bring infringement proceedings against Shandong Hengfeng Rubber & Plastic Co. Ltd, (Shandong) and its… -
IP Cases & Articles
Stealth mode: acquiring an earlier registration cannot substitute infringement with genuine use
In UK High Court proceedings concerning the use of the STEALTH and STEALTH VR trade marks in relation to video game headsets by ABP Technology Ltd and Voyetra Turtle Beach, Mr Justice Miles rejected the claimant’s summary judgment application and partially allowed the defendants’ proposed amendments to their defence and… -
IP Cases & Articles
Application starts a hare running: Little Hare Gin v Harrogate Distillery (Whittakers Gin)
This is a somewhat cautionary tale/reminder in relation to UK trade mark opposition proceedings. The case concerned an application by LITTLE HARE GIN COMPANY LIMITED for a series of the six marks shown below, LITTLE HARE GIN with an image of a hare. -
Webinars & Videos
Validity of UK rights post Brexit
Following Brexit and the end of the transition period on 31 December 2020, European Union trade marks (EUTMs) can no longer be rejected, opposed or invalidated on the basis of rights which exist in the UK only. An opposition or invalidity action that was pending on 01 January 2021 in… -
IP Cases & Articles
Government consultation on possible reform to UK design law have your say!
In what is very timely news, the UK Government has released a consultation on whether changes are required to the existing UK design law framework. The consultation is in the form of a survey, and is open for responses until 07 February 2022.
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