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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.

05 July 2018

Federer logo clash with Nike highlights contractual pitfalls for sports stars

This week the Wimbledon tennis tournament got underway, with media reports noting how reigning champion Roger Federer “stunned onlookers by turning out on Centre Court in Uniqlo gear”. The focus then turned to the absence of his often-used RF logo, which is caught up in an ownership wrangle.

26 June 2018

Brexit concerns raised, parody Trump Hotel sparks IP debate, and Jaden Smith in trademark suit: news round-up

In our latest round-up, we take a look at how brands are embracing robot influencers, insights on how to combat malicious imposters, and much more.

08 June 2018

“I wish the US president had opposed my trademark” – applicant of registered Trump mark on treating IP as art

​​​​​​​A popular author has successfully registered a trademark for the term GRABBA THE TRUMP. Talking to World Trademark Review, the applicant states that he enjoys provoking major brands with his trademark applications.

25 May 2018

No likelihood of confusion between FIDELITY and FIDELIS despite similarity between marks and services

A recent decision of the Patents Court of England and Wales demonstrates the increasing difficulties in enforcing trademarks registered for a broad class of goods or services.

17 May 2018

Manchester United tops Premier League of trademarks; Messi overtakes Neymar in player rankings

Exclusive research by World Trademark Review reveals the filing activity of the world’s most valuable football clubs and players, and finds that Manchester United boasts the most trademarks of any team in the world.

17 May 2018

Appointed person calls last orders on BREXIT mark for beer

The appointed person has dismissed an appeal against the refusal of a UK application to register BREXIT for beer and related goods. The decision highlights the challenges in obtaining trademark protection for a well-known term.

06 May 2018

UK trademark scene post-Brexit: a world-class IP office dealing with uncertainty in a volatile brand environment

We provide a breakdown of the UK trademark market – examining how Brexit has affected filing strategies, inspecting brand value trends, and analysing the stellar performance of the UK IP Office.