EU

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Many of the world’s best known or most life-changing inventions were discovered entirely by chance. Valérie Stephann sets out five serendipitous discoveries.

The Madrid System for the international registration of trademarks allows brand owners to apply and maintain protection in 124 countries via one single procedure, in one language and one set of fees. However, levels of protection can vary and the process is not without its shortfalls.

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.

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.

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.

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.

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.  

Get your IP strategy off to a great start in 2021 by beginning the year with a review of your portfolio. A thorough audit of your IP now could help you to identify ways to streamline and exploit your portfolio ready for another potentially challenging year, and could save you money as well improving the efficiency of your assets.

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.

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.

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.