News & opinion

Although not impossible, seeking trademark protection for slogans in the European Union can prove difficult. What can be learned from those slogans that have achieved success?

From Led Zeppelin to Katy Perry, it seems that hardly a few weeks go by without another music IP case hitting the headlines. But, does this mark an increase in actual ‘copying’, or is it just a indication of the high amounts of money at stake once a pop group or pop song becomes successful?

The Unified Patent Court Agreement received a further blow this month after Germany’s Federal Constitutional Court declared the Act establishing the system null and void on constitutional grounds.

Despite holding a EU collective trademark, the EU General Court ruled that ‘Halloumi’ was too descriptive, and thus lacking in distinctive character, to successfully oppose a EU trademark application for ‘BBQloumi’. Now, the CJEU has set aside that decision.

In a new twist to the ‘Royal’ trademark saga, Prince Harry and Meghan Markle have retracted their application for the ‘Sussex Royal’ marks. Megan Taylor outlines the barriers to obtaining a Royal trademark.

If a trademark office deems a potential trademark to be contrary to public policy or accepted principles of morality, it can refuse to register the mark. Following a recent CJEU decision, concrete evidence will be necessary to substantiate that decision, as Casper Hemelrijk explains. 

A recent judgement by the District Court of The Hague shows the importance of documenting comprehensive and consistent evidence of trademark and trade name use.

Such has been the success of the comedy movie Fack ju Göthe, its production company sought to register the title as a word mark. Casper Hemelrijk examines the public policy and morality objections within both the European and Benelux trademark contexts.

France’s new PACTE law has set out to modernise utility certificates by increasing their term of protection and adding new provisions to allow applicants to transform utility certificate applications into patent applications.

Celebrities are advised to protect their names as trademarks if they are to take action against unauthorised use by third parties, as Megan Taylor explains.

As Liverpool Football Club recently discovered, there are barriers to registering the name of a town, city or other geographical place name as a trademark.

A recent judgement by the Court of Justice of the EU has considered whether failing to specify goods and services clearly and precisely in trademark applications is a sign that the applicant acted in bad faith.