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Insights (621)
Lack of conceptual similarity, by itself, weighs against existence of likelihood of confusion, finds General CourtA recent judgement by the General Court provides a useful reminder of the tests for assessing likelihood of confusion, as well as the evidentiary requirements for establishing the distinctiveness of a...Read now- Malawi to join 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. Malawi is the latest country t...Read now
IP in M&A: 5 steps to manage the recordal processTrademarks & DesignsPlanning is crucial to the safe transfer of an IP portfolio no matter the timescales involved. Minimise the impact on your business and resources with these five steps for recording change of ownershi...Read now
Do you know how much your trademarks are worth?An organisation's value is no longer based simply on its tangible or fixed assets; more often than not, it is the company’s intangible assets, including brand reputation and goodwill, that create its ...Read now
The IP implications of a ‘no-deal’ BrexitWhat happens to trademarks, designs, patents and copyright if the UK crashes out of Europe without a deal? The UK government released a series of guidance papers to address this topic last week.Read now
Need to know: Changes to Benelux Trademark LawA number of important amendments were introduced to Benelux Trademark Law in 2018 and there are more to come in early 2019. A summary of the recent and expected changes is set out below.Read now
Uggs and the battle against trademark genericismA US court ruled this month that ‘ugg’ is not a generic term to describe the popular slouchy sheepskin boots, clearing the way for the brand owner, Deckers Outdoor Corporation, to pursue its trademark...Read now
Reputation matters in dispute over twin sandwich biscuitsEU trademarks ‘with reputation’ enjoy a broader scope of protection than those without. But, what does this broader scope entail? Novagraaf’s Timo Buijs sets out the key points of the doctrine in ligh...Read now
Up in smoke? Trademark infringement and e-cigarettesAs e-cigarette use grows, so do the dangers of trademark infringement for well-known brands, as Trademark Attorney Claire Jones explains.Read now
IP licensing: How to get it right for your businessIP licensing can provide companies with additional (or core) revenue streams, enable them to raise brand awareness and enhance their reputation, and extend their brands into new markets and geographie...Read now
Protecting slogans as trademarks: how and whyAlthough not impossible, seeking trademark protection for slogans in the European Union can prove difficult. What can be learned from those slogans that have achieved success?Read now- Trademarking a letter: EUIPO finds Diesel’s ‘D’ to not be in genuine useFashion brand fails to provide adequate proof of use for the stylised capital D it registered as an EU trademark in 1999. Ardine Siepman examines the decision.Read now
Chef in argument over ownership of his own nameIf you build a brand or reputation around your own name, what happens if a third-party owns the trademark registrations to that name, rather than you?Read now
First steps to exporting: getting your IP rights in orderWhen seeking to expand into new markets or territories, it’s important to ensure IP protection is first in place. Dr Peter Wilson sets out the IP elements to consider when developing or updating an ex...Read now
Trademark tips: Understanding the opposition procedureIt is crucial to act promptly when submitting objections (or oppositions) to challenge potentially conflicting trademark applications. But, what is the opposition procedure – and how can brand owners ...Read now
The trademark strategies behind Switzerland’s most valuable brandsChantal Koller, Managing Director – Trademarks at Novagraaf Switzerland, shares some of the approaches used by leading Swiss companies to achieve both brand dominance and market success.Read now
Packaging and trademark markingWe recently set out guidance on marking products with patent and design numbers, including examining the benefits and risks of doing so. Here, we look at packaging and product marking from the tradema...Read now
The KitKat trademark ruling and the importance of proof of useThe recent ruling by the Court of Justice of the EU represents yet another knock back for Nestlé in its attempt to prove its chocolate bar shape distinctive enough to warrant trademark protection. Nov...Read now- Who owns ‘France’?The French government is in conflict with another company over trademarks containing the word ‘France’. Novagraaf’s Ardine Siepman examines a recent ruling by the General Court of the EU, which consid...Read now
Grime artist Stormzy and hashtag trademarksAs social media becomes an everyday part of corporate marketing practice, there has been a notable increase in hashtag-based brand names. Stormzy’s label #Merky Records (as listed with hashtag at Comp...Read now