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IP Cases & Articles
Caution use of Urban Dictionary: LES BOYS trade mark invalidated
The appointed person, Daniel Alexander KC, has upheld the UKIPO hearing officer’s decision to invalidate the trade mark LES BOYS of AYA Design Group Limited, in relation to perfumes and cosmetics and retail of these goods, on the basis of likelihood of confusion with Chanel’s earlier trade mark registration for… -
IP Cases & Articles
Banksy back in charge: Board of Appeal reverses EUTM cancellation
The EUIPO’s Board of Appeal annulled the controversial decision to cancel Banksy’s EUTM for the LAUGH NOW BUT ONE DAY WE’LL BE IN CHARGE mark, on the grounds of bad faith (under Article 59(1)(b) of the EU Trade Mark Regulation 2017/1001). -
IP Cases & Articles
Parallel imports of medicinal products: Four CJEU rulings provide clearer guidance
On the hotly debated topic of parallel imports the Court of Justice of the European Union (CJEU) recently issued four rulings, which clarified the conditions for the repackaging and relabelling of medicines and medicinal products in their distribution to other markets. -
IP Cases & Articles
Lidl v Tesco: Court of Appeal allows bad faith claim to proceed
The Court of Appeal has granted Tesco’s appeal against an order of the High Court, striking out allegations in its defence and counterclaim that Lidl had applied for registration of certain trade marks in bad faith. -
IP Cases & Articles
Owner of BIG BABY POP takes on The Topps Company: Genuine use of 3D mark despite additional elements
This decision re-confirms the rights of 3D trade mark owners, especially when they may have already found it difficult to get trade mark protection in the first place. -
IP Cases & Articles
Welcoming Eva Schewior, new President of the DPMA
Eva Schewior has today, 01 February 2023, succeeded Cornelia Rudloff-Schäffer as President of the German Patent and Trade Mark Office (DPMA). The DPMA was founded over 145 years ago, as the Kaiserliches Patentamt (Imperial Patent Office) in Berlin on 01 July 1877, and is the largest national IP office in… -
IP Cases & Articles
UKIPO confirms requirement for UK address for service with immediate effect
With immediate effect, in relation to certain intellectual property (IP) rights in the UK, the UK Intellectual Property Office (UKIPO) will seek to obtain a UK address for service (AFS) before any formal serving of documents. Failure to comply may result in a loss of rights. -
IP Cases & Articles
Well-known marks in the UK - how brands can benefit from broader protection
The new regulation (which came into force in the UK on 27 December 2022) amends Section 56 of the Trade Marks Act 1994 to grant holders of unregistered “well-known trade marks” (as defined in Article 6bis) the right to prohibit the use or registration of a conflicting mark on dissimilar… -
IP Cases & Articles
Hague design registrations: wheres my stamp of approval?
In the context of obtaining design registration protection, in many territories around the world, one of the mechanisms for achieving this protection is via use of the international Hague design registration system, operated by the World Intellectual Property Organization (WIPO), based in Geneva. -
IP Cases & Articles
Increases in the scale of costs to be awarded in UKIPO proceedings
According to Tribunal Practice Notice (TPN) 1/2023, the United Kingdom Intellectual Property Office (UKIPO) has increased it scale of costs. The new scale will apply to trade mark, patent and design proceedings commenced at the UKIPO on or after 01 February 2023.
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