Region: Ireland

Mars successfully opposes Cadbury’s application for FINGERS in respect of chocolate, confectionery and biscuits

The Irish controller of patents, designs and trademarks has upheld that Mars’ opposition against Cadbury’s application for the registration of the mark FINGERS for chocolate, confectionery and biscuits in Class 30.

04 July 2019

Last one to use is a rotten egg! Court of Appeal issues its decision in Galway Free Range Eggs Limited v O’Brien

A recent case which went all the way to the Irish Court of Appeal illustrates the difficulties faced by new market entrants when trying to come up with a safe name to avoid potential action from existing market leaders.

23 April 2019

Ireland’s strong domestic market and exports boost GDP, but are brands ready for Brexit?

We analyse the Irish trademark landscape to see if brands are prepared for the planned Brexit exit day in just over a month, and how this market has developed over the past decade.

15 February 2019

Irish Whiskey GI protection, no-deal Brexit anti-counterfeiting “travesty”, and Alibaba and eBay on fakes: news digest

In our latest round-up, we look at Brainbase raising money to bolster its licensing platform, the discovery of fake leukaemia drugs, the EUIPO turning to blockchain to fight counterfeiting, and much more.

08 February 2019

Important changes to Irish trademark law – what you should know

Important changes to Irish trademark law came into effect on 14 January 2019. This update highlights a number of key changes that trademark owners and attorneys should be aware of.

18 January 2019

Diesel fumes: latest instalment in long-running proceedings between Diesel SpA and Montex Holdings Limited

In the most recent judgment in the long-running dispute between Italian fashion label Diesel and Irish clothing company Montex, the Court of Appeal has confirmed a strict test for admitting new evidence on appeal in trademark cases.

26 October 2018

AUTOKEY marks found to have acquired secondary meaning as badge of origin

The Irish controller for patents, designs and trademarks has found that, although two AUTOKEY marks were liable to be refused under two different sections of the Trademarks Act, the marks had acquired distinctiveness through use.

11 September 2018

The fall of the own-name defence

The ability to raise the own-name defence in Europe is about to come to an end. This article examines the consequences of recent own-name legislative changes for businesses in Europe.

07 September 2018

A-Z guide of EU trademark court practice and performance: Ireland to Lithuania

In the third of our five-part series, trademark counsel from law firms across Europe provide an overview of the performance of their countries’ EU trademark courts over the last two years.

24 August 2018

Can a mark be invalidated based on a lack of legal entitlement to own property?

In <em>Savanagh Securities Limited v Cumann Lúthchleas Gael</em>, the applicant claimed that the registration of the mark GAA offended Section 7 of the Irish Trademarks Act because its proprietor is an unincorporated association which cannot own property in its own name.

03 May 2018

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