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Insights (621)
Is scope of trademark protection narrowing for drinks sector?Alcoholic and non-alcoholic drinks found to be sufficiently distinct for ‘Iceberg’ trademarks to be allowed to co-exist.Read now
Canada joins Madrid System for international trademark registrationsThe number of countries and regions joining the international system for trademark registration on the basis of the Madrid Agreement and its Protocol, continues to grow, with Canada the latest country...Read now
EU confirms tonic water can be called… tonic waterThe ruling follows years of uncertainty for tonic water brands, as a result of the introduction of EU nutrition and health claim regulations, designed to prevent food and drink products from implying ...Read now
Dairy alternatives: can you call a product 'cheese' if it's vegan?The UK’s dairy industry has objected to the use of the word ‘cheese’ by Vegan cheesemonger La Fauxmagerie, which opened in London last month, citing EU rules requiring products marketed as ‘milk’, ‘ch...Read now- Trademarks and GIs: Scotch Whisky success in Hamburg Court decisionDespite the apparent blow previously delivered by the CJEU to holders of geographical indications, Hamburg's Regional Court has found in favour of the Scotch Whisky Association in its dispute over use...Read now
Manchester theme bar warned by producers of Peaky Blinders TV seriesThe producers of the popular TV series have sent a cease and desist notice to the owners of an unofficial Peaky Blinders-themed bar in Manchester, UK.Read now
Amazon acts to help brand owners fight fakesBrand owners have long complained about the ease with which counterfeiters are able to sell fake goods in online sites such as Amazon. Now, the retailer has announced plans to introduce serial numbers...Read now
Protecting multimedia trademarks: will your business be next?The amended Benelux Convention on Intellectual Property (BCIP) came into force on 1 March, bringing Benelux trademark law in line with the EU Trade Mark Directive. Among other changes, it introduced n...Read now
Spa calls on brand reputation to oppose ‘Spaaq’EU trademarks ‘with reputation’ enjoy a broader scope of protection under EU trademark law. Timo Buijs examines this doctrine in light of the recent conflict between ‘Spa’ and ‘Spaaq’, as well as what...Read now- Colour trademarks: Babybel red ruled as invalidJ Sainsbury, more commonly known as supermarket chain Sainsbury’s, has had success in a recent trademark invalidity application at the UKIPO against the shape of a Babybel cheese. Claire Jones outline...Read now
Brexit and IP: an updateThe EU has agreed a further extension to 31 January 2020 with the option for the UK to leave earlier if the Prime Minister can secure support for the withdrawal deal. Does this mean a no-deal Brexit i...Read now
The colour purple: Cadbury drops bid to enforce trademark in the UKColours form some of the world’s most recognisable and valuable trademarks, but the bar for registration is high. Even after registration and long-standing use, they can still be at risk of attack, as...Read now
Managing the uncertainty: Preparing for BrexitSo much of Brexit is up in the air, including the date when the UK’s exit from the EU will even occur. We summarise what we know so far, and how businesses should prepare.Read now
Brand and trademark creation: More than a descriptionWhen it comes to brand and trademark creation, marketing teams often prefer names that legal teams may consider too ‘descriptive’ from a trademark perspective.Read now
Domain name management: Brexit and the .euDomain NameWe previously covered the need for businesses to establish a clear and consistent strategy for registering and renewing domain names. For UK businesses with .eu domain name registrations, 29 March 201...Read now
Trademarks and distinctive character: Huawei application nipped in the budIn 2018, Chinese telecoms company Huawei filed an EU trademark application for the word mark ‘Freebuds’ covering headsets and earphones. EUIPO refused the application due to its lack of distinctive ch...Read now
A taste of the future?Although the CJEU recently ruled that the flavour of a cheese spread is not eligible for copyright protection, advances in the technology used to electronically describe odours and flavours could over...Read now
Game on in trademark disputeRockstar Games, the makers of the 2018 hit action-adventure game Red Dead Redemption 2 (RDR2) is battling to overcome a trademark challenge by Pinkerton Detective Agency.Read now
Big Mac, Big MistakeThe quality of evidence of use submitted can make or break a trademark cancellation defence, no matter how big the brand, as fast-food giant McDonald’s recently found to its cost.Read now
Trademark creation: a guide for marketersAs a business, your trademark is what distinguishes your goods and/or services from those of your competitors, making it one of your most important assets. Trecina Surti sets out tips on choosing an e...Read now