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IP Cases & Articles
ABSOLUT-ly distinctive: vodka bottle found distinctive and to indicate trade origin on appeal
The Absolut Company Aktiebolag (the applicant) sought to register a 3D mark as a European Union trade mark (EUTM) in class 33 alcoholic beverages, namely vodka. -
IP Cases & Articles
Tick, Tock, TikTok: metronomically descriptive?
This case is a High Court appeal against the decision of a UK Intellectual Property Office (UKIPO) hearing officer to invalidate a registration for TikTok, emphasising the importance of claiming priority when you can, as well as discussing the criteria for considering complementarity between goods and services. -
IP Cases & Articles
A Lidl victory: Tesco and Lidl battle it out over bad faith and survey evidence
The budget supermarket, Lidl, recently succeeded in having Tesco’s bad faith counterclaim struck out, and was permitted to have survey evidence introduced at trial, to assist with the issue of distinctiveness of Lidl’s registered trade marks. -
IP Cases & Articles
The Designs Register at the UKIPO: now more useful with publication information
Extra information is now available on the (UK Intellectual Property Office) UKIPO website, which increases the usefulness of the Register of UK Designs to interested third parties. Specifically, the publication date of the design is now stated. -
IP Cases & Articles
Rules of Procedure of the Unified Patent Court - in force 01 September 2022
Good things take time. The Rules of Procedure of the Unified Patent Court (UPC), supplementing the UPC Agreement (UPCA) and the Statute of the UPC, were adopted by the UPC’s Administrative Committee in a meeting on 08 July 2022 with changes to Rules 4, 5, 5A, 262 and 262A. -
IP Cases & Articles
Oral proceedings, appeals and divisional applications: options for tricky cases at the EPO
We have all experienced tricky cases at the European Patent Office (EPO). Sometimes, it seems the examiner simply cannot be convinced about the patentability of a particular invention. After several rounds of written correspondence, the dreaded “summons to oral proceedings” is therefore received. It can then be difficult to decide… -
IP Cases & Articles
Novelty over prior art drawings: a comparison of European and Chinese patent practice
When a piece of prior art is found, attorneys and examiners spend a lot of time discussing the text in that prior art to establish whether the invention can be distinguished from the state of the art and thus novel. Generally speaking, the situation where the relevant disclosure is in… -
IP Cases & Articles
EPO may continue to be ISA and IPEA for Chinese PCT applicants
The European Patent Office (EPO) and the China National Intellectual Property Administration (CNIPA) recently announced an extension to the pilot program provided to nationals and residents of China, which allows for selecting the EPO as International Search Authority (ISA) and International Preliminary Examining Authority (IPEA) for their Patent Cooperation Treaty… -
IP Cases & Articles
Social media devising and protecting your online presence from the outset
In the context of social media, one of the most important assets to a streamer is their online persona, through which they engage with their follower base. Integral to this online persona is any handle and/or proposed logo which the streamer chooses to embody themselves with. Often however, such handles… -
IP Cases & Articles
25% UK corporation tax - innovate yourself down to 10% with a patent
On Friday 14 October 2022, the UK Government confirmed its intention to raise UK corporation tax from the current rate of 19%, to 25%, with effect from April 2023.Thus for those seeking to mitigate against this intended tax rise, now is an opportune time to be reviewing whether the UK…
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