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02 January 2019

Brexit in focus: end-of-year review from the UKIPO

While Brexit has been the primary focus of many practitioners in the United Kingdom, the UK Intellectual Property Office witnessed various other changes and developments in 2018.

27 November 2018

Leicester City scores win against Leeds in trademark dispute, but misfires in bad faith claim

Recent English Premier League champions Leicester City FC has been successful in a trademark opposition against lower league Leeds City FC.

15 November 2018

“No clarity on continued rights of representation”: trademark experts have their say on the draft Brexit withdrawal text

While uncertainty over the future of the agreed Brexit withdrawal text remains, the 585-page document provides crucial insight into the planned treatment of intellectual property – including rights of representation, exhaustion and the cost-free cloning of rights.

09 November 2018

Important changes to Trademarks Act and Rules due January 2019 – what you need to know

The UK Trademarks Act and Rules are due to change following the implementation by the UK Intellectual Property Office of Directive 2015/2436. This update highlights the various changes due to come into effect in January 2019.

07 November 2018

Hasbro retains MONOPOLY trademark

The registrar of the UK Intellectual Property Office has dismissed an application to revoke Hasbro’s trademark registration for MONOPOLY on the ground that the mark had not been put to genuine use.

18 September 2018

<strong>Get the inside track on cost-effectively managing trademark portfolios</strong>

WTR is pleased to announce that Managing Trademark Assets Europe will be heading to London on 28 January 2019. The event will present cutting-edge strategies for the creation, protection and monetisation of strong brands.

13 September 2018

<em>Massimo Osti v Global Design</em>: should a claim be issued in the IPEC or the High Court?  

The decision in Massimo Osti v Global Design shows that the choice of bringing a case in the Intellectual Property Enterprise Court or the High Court of England and Wales is not always within the control of the claimant.

10 September 2018

Trademark procedures and strategies: United Kingdom

In the United Kingdom, any legal or natural person can apply for registered trademark protection, provided they declare that the mark is being used by them, or with their consent, or there is a genuine intention to use the mark for the goods and services specified.

05 September 2018

<strong><em>Frank Industries v Nike</em></strong><strong>: IPEC takes modern approach to assessment of consumer perception </strong>

In Frank Industries Pty Ltd v Nike Retail BV, the Intellectual Property Enterprise Court in London has found that Nike had infringed Frank Industries' trademark registrations for LNDR by using the sign LDNR in an advertising campaign.

23 August 2018

“A chef’s name is a trademark” – dispute highlights brand protection risks in the fine dining restaurant industry

An ongoing trademark dispute between an award-winning chef and his former employer has highlighted the issue of brand protection in the fine dining sector.

03 August 2018

High Court provides guidance on admissibility of new evidence on appeal from registrar

The decision of the High Court of England and Wales in Consolidated Developments Ltd v Cooper demonstrates the relatively restrictive approach which the court takes to the admission of new evidence.

02 August 2018

Court of Appeal provides salutary lesson to mark owners who license their trademark portfolios

The decision of the Court of Appeal of England and Wales in Holland and Barrett v General Nutrition provides valuable guidance for mark owners who license their main brand as well as a number of sub-brands.

31 July 2018

High Court: notices of discontinuance may be set aside in certain circumstances

In a dispute over the mark GIORDANO, the High Court of England and Wales has held that, in certain circumstances, notices of discontinuance can be set aside.

23 July 2018

Is the Brexit fog lifting? UKIPO confirms plan for “free” conversion of EU trademarks to UK register

In newly-released comments, the UKIPO has confirmed that the UK will protect all existing EU trademarks and registered Community designs when the country leaves the EU. Crucially, the transfer of 1.5 million rights will be automatic and free-of-charge.

20 July 2018

3D shape mark rejected for technical function

The hearing officer has rejected an application to register a 3D mark in the UK based on the shape's technical function, highlighting the clear public interest of preventing the unjustifiable extension of patent rights.