News & opinion

By removing the need for prior approval by ANVISA, the patent process for pharmaceutical and biotechnology products has been shortened and associated costs reduced.

Last month, the General Court of the European Union achieved a new milestone when it handed down its first-ever judgement on a sound mark registration, presented as an MP3 file. Koen de Winder sets out the background and implications of the ruling.

The estate of Swedish author Astrid Lindgren successfully established last year that a German version of the song ‘Hey, Pippi Longstocking’ infringed its copyright. To mark the launch of the new official version of the Pippi Longstocking song this month, Koen de Winder examines the court case and what it means for the character’s legacy.

The UKIPO recently upheld an opposition by Cambridge University to a trademark application by Chadlington Brewery Limited, for the mark ‘Cambridge Blue’, claiming beers in Class 32. The decision offers a useful summary of the UK’s common law tort of ‘passing off’, says Luke Portnow.

Assumptions that the shape mark is dead may have been overturned this month, after the General Court of the EU found the shape of a lipstick suitable for trademark protection. While it is not easy to protect characteristics such as shapes under EU trademark law, the recent judgement provides hope for companies wishing to protect design elements or other features of their products.

The ruling in 'Museum of illusions' is a reminder that the assessment of the likelihood of confusion must be considered globally and cannot result from a mechanical application of the principles, as Florence Chapin explains.

Koen de Winder examines ‘image rights’ in the context of a Dutch model’s attempt to register her portrait as a trademark.

We regularly receive reports from customers that they are being approached by companies pretending to be official IP agencies. Here, we set out a number of common scams and a list of malicious parties to watch out for.

Brand name and trademark selection are often associated with navigating potential infringement and opposition risks. Nevertheless, the consideration of local linguistic and cultural sensitivities is also part of the process, and a recent social media spat reminds us that cultural appropriation is a strong element of this, explains UK Trademark Attorney Luke Portnow.

The battle between the 'impossible' and the 'incredible' burgers resumed on 5 May when EUIPO’s Cancellation Division assessed a claim of invalidity against the ‘Impossible Burger’ trademark. Loretta Dashorst sets out the background to the latest ruling.

Belarus has become the latest country to deposit its instrument of accession to the International Design system, following Mexico last year. The growth of the system is good news for businesses operating internationally, says Frouke Hekker.

A recent judgment concerning LEGO bricks has been reported in the news as confirmation of design protection for the popular children's toy. Unfortunately, many of these media reports rushed to the wrong conclusions, says Esther Schnepper. She outlines what can actually be deduced from the March 2021 judgment by the EU’s General Court.