Mondaq UK: Intellectual Property
Taylor Wessing
When an opposed trade mark is held to be similar to an earlier mark, and to cover both identical and similar goods or services, that mark will usually be rejected in relation to all those goods or services, on the grounds that there is a likelihood of confusion.
Taylor Wessing
The EU General Court has overturned a decision of the First Board of Appeal and upheld an opposition to the registration of a figurative EU mark incorporating the words "SHOP ART" (above left) in relation to leather goods and clothing in classes 18 and 25.
Taylor Wessing
We have previously reported on the challenges by Mondolez/Cadbury to Nestlé's four-fingered Kit Kat shape trade mark...
Taylor Wessing
Both marks in this case covered alcoholic drinks, more specifically (and not surprisingly) whisky.
Taylor Wessing
The Applicant, Cantina Tollo SCA, filed an EU trade mark application for the mark ALDIANO covering "alcoholic beverages (except beers)".
Gowling WLG
Will the UK see an erosion of the 'rule in Henderson v Henderson' and the principle of res judicata in some intellectual property disputes as a result of the CJEU's interpretation...
Wedlake Bell
It has long been possible to seek the registration of (inter alia) "the shape of goods or of their packaging" as a trade mark both in the UK and in the rest of the European Union.
Marks & Clerk
The Government's promised white paper on Brexit was published today. Here, we look at the document itself and consider it alongside the Government's earlier decision...
Taylor Wessing
In a case before the General Court, the court had to decide whether two curved lines in the shape of a ‘C' above lacked distinctiveness on the basis of representing an outline of an oval-shaped pharmaceutical pill, and for being too simple.
Taylor Wessing
Judge Hacon's decision in a fairly classic unregistered design right case has offered some interesting commentary on the law relating to unregistered design rights and how parties should go about litigating them.
Taylor Wessing
A number of articles in this edition of Brands Update look at the question of distinctiveness.
Taylor Wessing
In November 2016, in a dispute involving, on the one hand, the Union of European Football Associations (UEFA) and, on the other hand...
Taylor Wessing
It is not news that the members of the famous "Trapp Family" and their story have been known since "The Sound of Music".
Giambrone
Competitor pay per click campaigns where a company bids for the name of a rival in the hope that a customer or client who searches for a particular company will not notice when a similar company appears in the search suggestions.
Field Fisher
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.
Marks & Clerk
Almost everyone has heard or read that intellectual property (IP) can be of significant value to a business.
Marks & Clerk
Sometimes generating IP is an explicit goal of a collaboration. For example, a company may want to own patents to stop competitors using their ideas and also to impress potential investors.
Kemp IT Law
APIs are the glue that holds the digital world together.
Gowling WLG
As we reported in July 2016, the Government repeal of section 52 of the Copyright Designs and Patents Act 1988 has now come into effect.
Kemp IT Law
APIs serve the common aim of increasing connectivity and interconnectedness.
Most Popular Recent Articles
Kemp IT Law
As the public cloud services market continues to mature and grow, concentration of computing resources into cloud data centres is increasingly attracting the attention of NPEs as a target for patent litigation.
Field Fisher
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.
Abel & Imray
On 1 February 2017 the Board of Appeal of the EPO upheld the revocation of Bristol-Myers Squibb's (BMS) patent for anti-cancer drug dasatinib due to a lack of inventive step.
Abel & Imray
In G 1/15, the EPO's Enlarged Board of Appeal was asked to clarify the position regarding the entitlement to "partial priority".
Taylor Wessing
2016 may have shown us the danger in making predictions but we look ahead at what to expect in terms of legislative developments in technology and communications in 2017.
Kemp IT Law
APIs are the glue that holds the digital world together.
Kemp IT Law
This white paper is aimed at in-house lawyers as an introduction on what to look out for in lawyering an organisation's procurement, deployment and governance of IT.
Abel & Imray
The inclusion of a disclaimer, where subject matter is carved out from the scope of a patent claim by means of a negative feature is not explicitly allowed for in the European Patent Convention (EPC).
Abel & Imray
Additional post-filing data is often crucial to confirm the technical effect of pharmaceutical patents. On 1 February 2017 the Board of Appeal of the European Patent Office will be deciding the fate of Bristol-Myers Squibb's (BMS) patent directed to dasatinib.
Abel & Imray
A SPC is a unique intellectual property right that can give up to 5 years additional protection for a medicinal or veterinary product or a plant protection product covered by a patent after the patent term has expired.
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