Although relatively little used by applicants, international preliminary examinations make it possible to defend the patentability of an invention following an unfavourable international search report, as Pierre Gauer explains.
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.
An interim decision (T 0318/14, G 4/9), recently published in the Official Journal of the European Patent Office (EPO), has generated a number of comments from interested third parties on the topic of double patenting. This is a good time to take stock of this issue, says Martin Kohrs.
Investment in branding is key to building customer loyalty and marketshare, so what should you do if the goodwill or reputation of your brand is threatened by endorsement by the ‘wrong’ type of customer? Dan Halliday offers some advice.
Disney, creator of the Toy Story movie franchise, is being sued by the Evel Knievel estate, which claims that its newest character, Duke Caboom, has ripped off the likeness of the infamous stunt performer.
Cease-and-desist letters aren't usually associated with a humorous tone, but levity can sometimes be more effective than dry threats, as Anca Draganescu-Pinawin explains.
Following news that Mozambique has acceded to the Banjul Protocol, part of the ARIPO system, Frouke Hekker sets out the two regional IP systems on the African continent, and their respective pros and cons for IP owners.
Banksy has failed to block a greetings card company from using one of his famous artworks, after the EUIPO agreed that the secretive street artist had no interest in commercially exploiting the trademark he had registered to protect it.
Safeguarding product designs via national, EU and international systems can provide companies with an important and cost-effective route to IP protection. However, systems for registering design rights do come with specific rules and restrictions.
Although trademark owners are legally entitled to oppose applications for similar or identical marks, by enforcing these rights they can sometimes be perceived to be bullying other companies. It is key for brands, especially those that are well known, to exercise their rights in a way that avoids causing damage to their reputation.
Priority is an essential element of patent law and its application by the European Patent Office (EPO) has been clarified through case law, as Stéphane Roux explains.
Trademark registrations provide an exclusive right to use protected brand names in the markets, and for the goods and services for which they have been registered. To maintain those rights, however, it is imperative to keep trademarks in use.