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24 November 2017

With Black Friday in full swing, exclusive research reveals brand protection gaps in new gTLDs

While consumers enjoy the low prices offered on Black Friday, the sales period is a significant challenge for trademark practitioners – especially for protecting shoppers from online scams. 

17 November 2017

Court of Appeal upholds decision in London Taxi case

The Court of Appeal has upheld the High Court’s ruling in the London Taxi case, finding that the taxi cab shape mark lacks inherent distinctiveness. 

13 November 2017

Is parody funny? No, not if it’s done in bad faith

A hearing officer has deemed that filing of applications to support a potential parodying form of use against a competitor falls short of the standards of acceptable commercial behaviour.

01 November 2017

Appeals court strikes blow for London Taxi Company; decision highlights challenge facing shape mark applicants

The Court of Appeal of England and Wales has found that the 3D shapes of particular models of taxi were invalid and therefore not infringed by the manufacturer of the Beardmore models of London taxi.

31 October 2017

USPTO seeks greater cooperation with the Department of Justice in fight against fraudulent solicitation scammers

USPTO Commissioner Mary Boney Denison has expanded on the office’s proactive efforts to clamp down on fraudulent and misleading trademark solicitation campaigns.

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 Onbuy.com 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.