For Novagraaf's roundtable last month, we gathered IP professionals from a range of industry sectors to discuss the impact of the COVID-19 pandemic on their IP strategies and operations. Download our white paper to read the key findings from that discussion.
Tracking the impact of COVID-19 on IP professionals
In many jurisdictions, such as the EU and UK, brand owners can file trademark applications without any requirements to file evidence of use of their chosen mark. That is not to say that the ability to provide proof of use is not important.
Use it or lose it: The importance of using your trademarks
Many of the world’s best known or most life-changing inventions were discovered entirely by chance. Valérie Stephann sets out five serendipitous discoveries.
Accidental inventions: When you find what you’re not looking for
Article 53(a) of the European Patent Convention (EPC) stipulates that European patents are not to be granted for inventions where commercial use would be contrary to public order or morality. Stéphanie Landais-Patarin discusses a recent case that considered such a decision in the context of animal cruelty.
Animal suffering and patentability: The European perspective
A seniority claim allows the owner of a European trademark to claim prior rights based on existing EU national registrations. While a successful claim extends EUTMs back to the date of the earlier national registration, this doesn’t necessarily mean you should allow those rights to lapse, says Vanessa Harrow.
EUTMs and the benefits of a seniority claim
Dairy alternative Oatly has overcome objections to its slogan, ‘It’s like milk, but made for humans’, potentially offering a new way for vegan and vegetarian brands to protect plant-based trademarks in the EU.
Oatly slogan succeeds where other plant-based trademark applications have failed
In response to a 2019 CJEU decision on collective marks, INTA has filed an amicus brief before EUIPO’s Grand Board of Appeal to set out its views on genuine use. Doddy Wolfs explains what the ruling and INTA’s submission could mean for owners of collective marks.
Collective marks in the EU: What constitutes genuine use?
Since the UK left the EU on 31 December 2020, UK-based businesses and citizens are no longer eligible to own or renew .eu domain name registrations, as UK Trademark Attorney Laura Morrish explains.
Brexit and domain names: Leave.EU's EU move
The German Bundestag and Bundesrat approved the draft law ratifying the Agreement on a Unified Patent Court in November 2020. In theory, that means the Unitary Patent could come into force in 2022. If only, things were that simple, says Robert Balsters.
Groundhog Day for the Unitary Patent?
Read answers to some of the most frequently asked questions about Brexit and IP, from cloning of EU trademark and design rights to conversions, renewals, representation, customs applications, geographical indications, SPCs and much more.
Brexit and IP: Your FAQs answered
Decision in 'Frigidaire' provides a reminder of the importance, yet difficulty, of quantifying and assessing genuine use. Trademark owners cannot be reminded enough of the vigilance that is necessary in this area.
Frigidaire: EU General Court casts a chill on the notion of genuine use
The European Court of Justice of the EU (CJEU) has found that Ferrari can retain the trademark rights to the Testarossa brand, even though production of the iconic sports car was discontinued in the 1990s, as Theo Visser explains.
Ferrari back on the grid with Testarossa trademark