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IP Cases & Articles
Minuty SaS v Miura Brands: earlier mark wins the gold
A mutually shared distinctive element between two marks is enough to cause confusion. The EU Intellectual Property Office (EUIPO) found a likelihood of confusion between ROSE ET OR and OR ONLYROSE. -
IP Cases & Articles
EU Board of Appeal overturns refusal: distinctiveness of a position mark
The application (EU designation of IR No. 1729330) was a position mark filed by SRAM LLC seeking protection in respect of the following class 12 goods: “bicycles parts, namely cassettes, sprockets and sprocket wheels”. SRAM described the position mark as follows: “the trade mark claims protection for a ring like… -
IP Cases & Articles
EasyGroup v Beauty Perfectionists: the troubles of enforcing a not so-distinctive trade mark
EasyGroup Limited’s infringement claim against Beauty Perfectionists Limited's use of signs containing “easyCOSMETIC” was dismissed by the UK High Court. -
IP Cases & Articles
Tribunal Practice Notice 1/2024:UKIPO tightens the reins on trade mark limitations
In response to an increase in problematic limitation requests, the UK Intellectual Property Office (UKIPO) has issued Tribunal Practice Notice 1/2024, providing guidelines for filing such requests. -
IP Cases & Articles
UK design registrations: use inconsistent views at your peril!
The presence of inconsistencies between the views from a UK design registration can render the registration vulnerable to invalidation in its entirety, with no recourse for correction. This can be seen from UK Patents Court decision [2023] EWHC 3250 (Pat), where three UK design registrations were deemed invalidly registered due… -
IP Cases & Articles
Sustainable Aviation Fuel (SAF)
As governments align with the industry’s commitment to decarbonize aviation by 2050, member airlines of the International Air Transport Association (IATA) have committed to achieving net-zero carbon emissions from their operations by 2050. 65% of the contribution to achieving net zero is expected to come from the use of sustainable… -
IP Cases & Articles
UPC Munich Central Division grants access to pleadings and evidence
In its decision in Ocado v Autostore published in April 2024, the Unified Patent Court (UPC) Court of Appeal established what appeared to be a relatively permissive regime for granting third party access to pleadings and evidence at the UPC. However, it remained to be seen following this decision how… -
IP Cases & Articles
When is a date a period? UPC expected to clarify meaning of period
While attending a recent hearing before the UPC Central Division Paris Seat an interesting point arose regarding the meaning of the term “period” in Rule 300 of the UPC Rules of Procedure (RoP), and how such periods are to be extended if the period expires on a weekend of an… -
IP Cases & Articles
Lessons from Carrier v Bitzer: parallel proceedings at the EPO and UPC
Since the Unified Patent Court (UPC) opened its doors a little over a year ago, the European patent system has been adjusting to the presence of a new pillar alongside the European Patent Office (EPO). -
IP Cases & Articles
Withdrawn marketing authorisations and SPCs: CJEU provides clarification
In a recent decision, the Court of Justice of the European Union (CJEU) determined that Article 3(d) of the SPC (supplementary protection certificate) Regulation is to be interpreted as meaning that the first marketing authorisation (MA) for a medicinal product refers to the MA which was granted on the earliest…
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