Businesses and their trademark departments need to react quickly to new global and digital challenges today if they are to secure their brand for the future.
Brands routinely find creative and innovative ways to generate new customers or retain existing ones. A notable recent example of this has been the use of sub-brands to branch out into the same or a new market without jeopardising the parent brand’s existing position. Laura Morrish discusses the trademark implications.
Oppositions to EU trademark applications that included the word ‘Rocky’ have been rejected on the grounds that any likelihood of confusion with the titular film character has been neutralised by the obvious conceptual differences.
PPH programmes can help patent applicants to accelerate the grant of a patent application in a second patent office. Emmanuelle Laude-Duval explains the opportunities and benefits of the system.
The system for design protection continues to expand with China the latest country to file an instrument of accession. The country will complete this process on 5 May 2022 making now a good time to consider whether your IP rights in China are adequately protected.
Domain names play an important role in the sales and marketing activity of any organisation, but the IP implications of registering and managing online channels can be easily overlooked, especially if responsibility sits outside the IP department with marketing and/or IT teams. We set out points to consider when seeking to align domain name registrations with trademark rights.
A thorough review of your trademark portfolio now will put both your IP rights and your business in a strong position for the year to come. Assess your registrations for strength, accuracy and cost with the help of our three-step process.
The Madrid System for the international registration of trademarks allows brand owners to apply and maintain protection in the different member states of the system 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.
If a likelihood of direct confusion between two trademarks cannot be established, the courts may still be prepared to find infringement on the basis of a likelihood of indirect confusion. A decision by the England and Wales Court of Appeal over the ‘American Eagle’ trademark provides some insight into the circumstances necessary for indirect confusion to apply.
The development of a new product or a new process is rarely easy. From the challenges and concerns raised during R&D to the difficulty of finding suppliers and convincing investors, there are many obstacles that need to be overcome.
Female technology (FemTech) is becoming big business with health and wellness apps, software and diagnostic products promising to revolutionise women’s health. Asma Mejri sets out strategic IP advice for FemTech start-ups.
Owners of well-known trademarks seeking to introduce a new product and service may find themselves blocked by ‘trademark squatting’, where a third party has already applied for an identical or similar trademark. A recent ruling by the Dutch Higher Court illustrates why and how to take action.