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IP Cases & Articles
Accelerated processing before the EPO Boards of Appeal
Appeal proceedings at the European Patent Office (EPO) typically last in excess of three years, but can last significantly longer (according to the 2017 Annual Report of the Boards of Appeal, technical appeal proceedings lasted 38 months on average, but some cases had been pending for eight years). With this… -
IP Cases & Articles
" > Supermac's clocks up another success against McDonalds EU trade mark "Mc"
Irish fast food chain Supermac’s has clocked up another success against a McDonald’s EU trade mark (EUTM) – this time in relation to the mark "Mc”. This case follows closely in the footsteps of Supermac’s successful EUIPO cancellation action against McDonald’s EU trade mark for BIG MAC in January 2019… -
IP Cases & Articles
How trademarks can transform a start-up into a unicorn
World Trademark Review (WTR) reports on some of the world’s most successful unicorns and their brand management strategies, with reference to a new study showing that "start-ups and SMEs that invest in trademarks have a much better chance of experiencing high growth". Published by WTR, with comments from Jeremy Pennant,… -
IP Cases & Articles
Lego blocks out competitors invalid EU design registration
In a recent decision from the EUIPO, Lego has been successful in invalidating a competitor’s EU design registration relating to the iconic Lego figurine. -
IP Cases & Articles
Optis v Apple update: SEP & FRAND
In Optis v Apple, Optis is asserting against Apple that seven of its patents are valid, essential and infringed and seeking a declaration as to the terms of a (likely global) FRAND licence before the English Patents Court (the English Court of Appeal having previously held in Unwired Planet v… -
IP Cases & Articles
Glenfiddich on the rocks
In a recent trade mark opposition, William Grant & Sons Ltd, the biggest independent whisky company in Scotland and owner of the famous GLENFIDDICH brand of Scotch Whisky, has failed to stop an application for a green and gold label mark containing the word GLENFIELD in white lettering. This unexpected… -
IP Cases & Articles
Headstock in the clouds? Dont fret (just yet)
Paul Reed Smith Guitars’ (PRS) trade mark for a guitar headstock was held to be non-distinctive by the Board of Appeal. Trade marks which consist of part of the goods themselves are notoriously difficult to register. A filing by PRS is off to a rocky start, but if acquired distinctiveness… -
IP Cases & Articles
UKIPO success for THE X FACTOR against THE PETS FACTOR
The UKIPO has recently rejected an application to register the trade mark THE PETS FACTOR for a variety of goods and services, such as DVDs and the production of TV shows and TV entertainment, following opposition by the owners of various earlier trade marks for THE X FACTOR. -
IP Cases & Articles
Adding adjectival suffix IC to VIRGIN causes likelihood of confusion
Virgin Enterprises Ltd (Virgin) has won an appeal against a UKIPO decision dismissing its opposition to the mark VIRGINIC in respect of class 3 goods. The appeal was heard before the High Court. -
IP Cases & Articles
Another loss for Cadbury in purple trade mark battle
This is yet another episode in the Nestlé v Cadbury trade mark conflict series (see “related articles” right and below). In 2013, Cadbury UK Limited filed three new UK applications for the below colour mark with varying descriptions.
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