Gowling WLG's intellectual property experts discuss initiating proceedings as part of their 'The basics of patent law' series.
The General Court has upheld a Board of Appeal decision dismissing an opposition to the figurative EUTM mark CHOCOLOVE, based on earlier marks for CHOCOLATE, CSOKICSÖ and a figurative mark CHOCOLATE BROWN.
The General Court has ruled on whether there is a likelihood of confusion between the marks LITU and PITU in relation to wine.
1.The trade mark shall not entitle the proprietor to prohibit its use in relation to goods which have been put on the market in the Community under that trade mark by the proprietor or with his consent.
Gill Jennings & Every
"If this business were to split up, I would be glad to take the brands, trade marks and goodwill and you could have all the bricks and mortar – and I would fare better than you."
Elkington and Fife LLP
The UK government yesterday announced that its preparations for ratification of the Unified Patent Court Agreement are to proceed.
The Enlarged Board of Appeal answered the question in the negative, holding that partial priority may not be refused in such situations.
The focus on the product being obvious or anticipated as at a certain date provides powerful protection and commercial certainty without conflicting with a patentee's ability to obtain patent protection.
This timing would enable the Court to make necessary preparations before the planned entry into force in December 2017.
One of the most comprehensive reforms of European patent law is expected take effect this year with the introduction of a unitary patent for 25 countries in the EU.
Barker Brettell LLP
Trading under your name is an appealing idea, especially in the fashion world where designers frequently use their own names as brands (think Hugo Boss, Donatella Versace, and Tom Ford, to name but a few).
Elkington and Fife LLP
Following a public consultation, two sets of changes are being implemented to the Patent Rules 2007, effective 1st October 2016 and 6th April 2017.
Gowling WLG's intellectual property experts explore the types of intellectual property protection for inventions and granting procedure as part of their series called 'The basics of patent law'.
McCarthy Tétrault LLP
Is operating a website that provides links to torrent websites which facilitates unauthorized downloading of musical works a criminal offence?
In a landmark judgment, the High Court has granted a novel type of declaratory relief to clear the route to market for a product facing a raft of pending patent applications...
The EU General Court has upheld a decision of the EUIPO Board of Appeal, which found a likelihood of confusion between a "Morgan & Morgan" figurative trade mark registered...
In February 2012, the applicant, Mr Dale Vince, filed an EUTM for the word mark ELECTRIC HIGHWAY. Registration was sought for goods and services in in Classes 9, 12 and 39
Davidson Chalmers LLP
This can be achieved by registering a trade mark in the name of your product or service.
Abel & Imray
The UK government has not yet invoked Article 50 of the Treaty on European Union (this is likely to happen by the end of March), and the UK's actual exit from the European Union is at least two years away.