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19 October 2017

Samsung revealed as brand UK consumers are most loyal to; expert warns of Brexit impact on customer loyalty

A first-of-its-kind research project has revealed the brands that UK consumers are most committed and loyal to, with technology giants Samsung and Apple topping the inaugural ranking.

12 October 2017

With the prospect of a ‘no deal’ Brexit, the UK government should have unilateral trademark provisions on standby

We look at why it is crucial for the United Kingdom to formulate an approach to EU trademarks in the event of a 'hard' Brexit.

06 October 2017

Jamie Oliver dispute highlights certification risks; experts say new EU right creates opportunities for canny brands

Celebrity chef Jamie Oliver hit the headlines when his online recipes were accused of infringing a US certification mark. The lawsuit coincides with the recent introduction of EU certification rights.

03 October 2017

Familiarity equals value: study suggests overwhelming majority of consumers dislike brand name changes

New research from marketplace platform has revealed that a high proportion of consumers think negatively about rebrands that involve a name change.

28 June 2017

Glaxo’s colour trademark still found invalid

In Glaxo Wellcome UK Ltd v Sandoz Ltd the Court of Appeal confirmed the invalidity of an EU trademark registration for two shades of the colour purple, on the grounds that it did not meet the requirements for graphic representation of a trademark.

12 June 2017

Nestlé loses latest appeal in Kit Kat 3D trademark battle

Nestlé has been dealt another blow in its ongoing battle to register the shape of its Kit Kat chocolate bar as a UK trademark. The Court of Appeal has recently dismissed Nestlé’s appeal which sought to overturn an earlier High Court finding that Nestlé’s three-dimensional Kit Kat shape trademark had not acquired distinctive character.

09 June 2017

After shock UK election result, possible shift in Brexit approach could have significant impact on trademarks

After last night’s unexpected results in the UK general election, the uncertain direction of the Brexit negotiations has become a hot political talking point across the continent.

05 June 2017

As UK election day looms, trademark lawyers prepare for change while political parties barely give intellectual property a glance

After one of the more divisive election campaigns in recent history, the UK electorate heads to the polls this Thursday. While social policies and national security have jostled with Brexit as the most important issue for voters, two new studies demonstrate that the UK’s move to leave the European Union remains a key concern for rights holders around the world. However, while some are adapting their filing strategies in preparation, many remain “perplexed” about what to do.

12 May 2017

UKIPO slammed for "not doing anything proactive to defend existing trademark owners" following Gleissner filing spree

A number of small business owners have contacted World Trademark Review to criticise the UK Intellectual Property Office’s (UKIPO) handling of trademark applications filed by entities related to entrepreneur and serial trademark filer Michael Gleissner. One stinging critique, from the owner of IT support firm Purple Computing, questions why the UKIPO is not providing sufficient protection for existing rights holders and claims that the duty to oppose or seek cancellation of marks is too financially burdensome for most small businesses.

04 May 2017

Unjustified threats overhaul receives royal nod, raises prospect of increased weak infringement allegations

With the UK Intellectual Property (Unjustified Threats) Act receiving royal assent, clarity on what can be said in pre-action correspondence relating to trademark disputes is a step closer. While the bill has been welcomed, one commentator has warned that the protection from liability afforded to legal advisers could lead to an increase in knowingly weak allegations of infringement.

03 May 2017

High Court determines appeal against refusal of SOVEREIGN trademark

The recently dismissed appeal against a hearing officer's decision to refuse the registration of the mark SOVEREIGN in respect of "gold commemorative coins" is a reminder that the threshold for success on appeal from a hearing officer – whether to the appointed person or the High Court – is high.

18 April 2017

Apple case highlights UKIPO's strict approach in awarding costs

In this recent case before the UKIPO, the applicants had filed 68 applications to revoke Apple’s registered trademarks on the grounds of non-use. The hearing officer accepted Apple’s submissions that the applications constituted an abuse of process and that, therefore, it was entitled to off-scale costs. However, the hearing officer found that Apple’s assessment of the on-scale costs was wrong and decided to award only off-scale costs.

13 April 2017

High Court: Apple's IWATCH mark is not registrable for computers, computer software and related goods

In Apple Inc v Arcadia Trading Limited, the High Court has confirmed a decision of the hearing officer that Apple’s IWATCH is not registrable as a trademark for computers, computer software and related goods. Among other things, the court agreed with the hearing officer that it did not follow from Apple’s use of the marks IPHONE, IPAD, ITUNES and IPOD that the average consumer would perceive the mark IWATCH as denoting goods from the same source.

07 April 2017

Bentley Motors loses invalidity action against BENTLEY mark for clothing

The UKIPO has rejected an application filed by Bentley Motors, the British manufacturer and marketer of luxury cars, for a declaration of invalidity of the mark BENTLEY, owned by British clothing company Bentley 1962. Among other things, the UKIPO noted that Bentley 1962’s mark was registered and used from at least 1998, at which date there was no evidence of an established merchandising connection between car manufacturers and clothing.

29 March 2017

As ‘Brexit Day’ arrives, now is the time for brands to identify what IP rights could be affected

The United Kingdom government officially triggered Article 50 at lunchtime today, beginning the two-year process of negotiations that will lead to the UK leaving the European Union. While uncertainty still reigns, the impact on trademarks and designs could be significant – and with Brexit now a certainty, brand owners should ensure they know exactly what rights could be affected once ‘leaving day’ arrives.