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IP Cases & Articles
Potential EPO Enlarged Board of Appeal referral: post-published data to support inventive step?
In a likely referral to the EPO’s Enlarged Board of Appeal (the EPO’s highest legal authority), the Enlarged Board of Appeal may be asked to consider the question of whether data generated after the filing date of a patent application (“post-published” data) can be used as the sole basis for… -
IP Cases & Articles
CNIPA releases draft amendment of patent examination guidelines for public consultation
Following the roll out of the new Chinese Patent Law on 01 June 2021, the China National Intellectual Property Administration (CNIPA) has recently issued a draft amendment of the Patent Examination Guidelines for public comments. -
IP Cases & Articles
UK trade mark filings for EUTM applications pending 01 January 2021: 30 September deadline!
FINAL REMINDER! -
IP Cases & Articles
IPEC finds OATLY mark not infringed by PUREOATY sign
In a recent decision the Intellectual Property Enterprise Court (IPEC) has held that various trade mark registrations owned by Oatly AB (Oatly) including the marks OATLY and OAT-LY, are not infringed by the mark PUREOATY used by the defendant Glebe Farm Foods Limited for an oat based drink. -
IP Cases & Articles
HelloFresh successfully opposes rival trade mark Halal Fresh
Halal Fresh Ltd applied to register the trade mark shown below left in relation to classes 29 and 31 (vegetables; fresh fruits, nuts, vegetables and herbs). HelloFresh SE successfully opposed the application on the grounds of likelihood of confusion, detriment to reputation/distinctive character and passing off. -
IP Cases & Articles
Vans v Paredes: when is a V not a V?
Paredes Holding Center (Paredes) filed an EUTM application for the position mark shown below in respect of safety and protective footwear in class 9 and footwear goods in class 25: -
IP Cases & Articles
Sky v SkyKick: Court of Appeal issues judgment
The Court of Appeal has issued its judgment in the SKYKICK saga. To re-cap, the case concerned the validity of trade marks (i) covering overly broad and/or unclear/imprecise specifications and (ii) where an applicant does not have an intention to use the mark for all goods/services covered. -
IP Cases & Articles
Guerlains lipstick shape indicates product origin in the EU
The French cosmetics company Guerlain was recently successful in getting trade mark protection in the European Union for a particular lipstick shape (judgment of 14 July 2021, Case T-488/20). -
IP Cases & Articles
Germany has ratified the Protocol on the Provisional Application of UPC Agreement
Germany has ratified the Protocol on the Provisional Application of UPC Agreement (PAP-Protocol) and paves the way for the Unified Patent Court (UPC). -
IP Cases & Articles
Slovenia has ratified the Protocol to the Agreement on a Unified Patent Court (UPC) on provisional application (PPA) and the UPC Agreement (UPCA)
On 15 October 2021, the Slovenian Government deposited the instrument of ratification for the PPA and the UPCA.
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