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30 April 2018

Draft agreement on UK's withdrawal from the EU - no 'Brexit Day cliff face' for marks and designs

A draft agreement for the United Kingdom’s withdrawal from the European Union has been published. This update summarises the provisions relating to intellectual property.

23 April 2018

Birkenstock unsuccessful on appeal: 'patterned sole' mark held invalid

The appointed person has upheld a decision of the hearing officer finding that Birkenstock's ‘patterned sole’ UK trademark was invalid for lack of distinctiveness.

13 April 2018

Gleissner-related application for ALEXANDER filed in bad faith

An application for UK trademark ALEXANDER has been refused on grounds of bad faith;  the decision shows that the wider conduct of the applicant could be relevant to the assessment of whether an application was filed in bad faith.

11 April 2018

Advertising Standards Authority ruling could have far-reaching implications for UK trademark law firm marketing

​​​​​​​The UK’s Advertising Standards Authority has ruled that Trade Mark Direct cannot claim to be the country’s ‘leading’ or ‘number one’ trademark firm. The decision could lead to a major shift in how firms market themselves in the UK, claims the company's founder.

22 March 2018

Attorney urges businesses to “stand firm and plead bad faith” in Gleissner oppositions

An attorney who recently prevailed in an opposition against Michael Gleissner-linked trademark application explains why he worked the case “for the good of the system rather than profits”.

21 March 2018

Protecting the TARDIS: exclusive insight into BBC Worldwide’s brand protection strategies

​​​​​​​For the second in our series of exclusive interviews, Diane Hamer of BBC Worldwide expands on the company’s efforts to guard against genericide and the challenges managing a brand as beloved as Doctor Who.

20 March 2018

Brexit agreement paves way for new unregistered design right, addresses treatment of trademarks

​​​​​​​The European Commission has published a draft agreement on the withdrawal of the UK from the EU. We speak with an expert about the trademark implications of this latest development.

14 March 2018

Battle of the burgers: BURGERISTA held to be valid and infringed

Intellectual Property Enterprise Court has held that the mark BURGERISTA for restaurant services was valid and infringed by the sign BURGISTA for the same services.

13 March 2018

Procedures and strategies for pharmaceutical brands: United Kingdom

To minimise the risk of counterfeit medicines reaching consumers, the Medicines and Healthcare Products Regulatory Agency licenses all steps of the medicine distribution system and monitors the supply and manufacture of medical devices.

12 March 2018

Bacardi bourbon battle hits the mainstream press; UK company pledges to fight on

Over the past few days, a UK business owner’s dispute with Bacardi over its Angel’s Envy bourbon brand has garnered media attention in trade and national press titles. The dispute highlights a quandary for large companies when the ‘David v Goliath’ narrative is cited – whether to engage in public arguments or to keep quiet.

09 March 2018

The Gleissner Oppositions: investigation reveals serial trademark filer has prevailed in disputes with major brands

​​​​​​​A major new investigation by World Trademark Review reveals entrepreneur Michael Gleissner has lost a vast majority of opposition decisions in the UK, but has scored some notable victories against well-known brands.

07 March 2018

“A registration doesn’t necessarily trump earlier use”: takeaways from Dulwich Hamlet’s trademark dispute

The owners of a London stadium have sent a cease and desist letter to 125 year-old football club Dulwich Hamlet over the continued use of its name. However, industry experts suggest that the registration could be vulnerable.

05 March 2018

Sky v Skykick headed to ECJ on breadth of registrations; answers will be significant for all brand owners

The High Court in Sky plc v SkyKick UK Limited will refer five questions to the ECJ on trademark issues relating to bad faith (for filing with no intention to use) and clarity issues with trademark specifications. 

01 March 2018

Registries are alive with the sound of trademarks

Registrations for sound trademarks are becoming more prevalent at major IP registries around the world. We look at some of the opportunities for sound marks, as well as common challenges and how to overcome them.

01 March 2018

Expert wonders if adidas enjoys “hyperprotection” as sportswear giant prevails in EU three stripes battle

The EU General Court has ruled that two parallel stripes on footwear infringes the 'three stripes' trademark rights of adidas. One IP expert has questioned whether it is an example of a brand enjoying “hyperprotection”.