Which variations of use are authorised for figurative trademarks, especially ones registered in black and white? A recent EUIPO ruling has helped to illustrate what constitutes a “permissible variation”, as Marianne Tissot explains.
Black and white trademarks: Dare to use in white and black
From 1 November 2023, recipients of EPO communications will no longer be able to benefit from the additional 10-day response period (known as the EPO "10-day rule”). Clémence de Masfrand outlines the implications.
End of the EPO "10-day rule"
The use of artificial intelligence (AI) to generate images, text, video and music is causing quite a stir in the creative and legal world. Valerie Annan provides an overview of recent generative AI and copyright disputes and asks what might happen next.
Generative AI and copyright: The story so far
Intellectual property (IP) can be complicated, so it’s little wonder that it’s not well understood by the public at large. Take our quiz to see if you can identify which of these commonly held beliefs about trademark protection, registration and branding are true.
Trademark protection myth or fact?
IP rights provide an invaluable means for protecting the heart and soul of a brand. That's why identifying what trademarks to protect and proactively maintaining those rights is so crucial to the brand development process.
The importance of IP strategy in the brand development process
Does the use of a trademark in a connected sector constitute genuine use of that mark? What if that mark is used in differing forms? Florence Chapin outlines a recent EU General Court ruling that provides some answers.
EU General Court provides insights on how to prove genuine use
Which court has competency when trademark infringement takes place online? A recent CJEU ruling considered this question in the context of a dispute over meta tag and Google Ads trademark infringement. Volha Parfenchyk outlines its implications.
CJEU rules on jurisdiction in Google Ads trademark infringement dispute
Discover why blockchain and IP are such hot topics, and why you should timestamp your IP rights using blockchain technology.
Blockchain and IP: Time to timestamp your IP rights?
The Second Board of Appeal of the European IP Office (EUIPO) recently issued a decision confirming the refusal to register an emoji trademark representing ‘I Love You’. The EUIPO had refused to register the pictogram on the basis that it was unable to fulfil the essential function of a trademark, namely to indicate the origin of the products and/or services of a company.
‘I Love You’ emoji trademark devoid of distinctive character, says EUIPO
Domain names are a valuable commercial asset for many companies and an important element of their IP portfolios. However, protecting domain name rights requires knowledge of completely different enforcement systems, such as the WIPO UDRP.
In a nutshell: The WIPO UDRP for domain name disputes
Disclosing an invention before filing a patent, whether by accident or design, may lead to any subsequent patent application being rejected. Adrien Metivet sets out the dangers and consequences of uncontrolled invention disclosure.
Invention disclosure: What happens if you disclose an invention before filing a patent?
For supplementary protection certificates (SPCs) to be filed in the EU, they must be based on a basic patent. Lise Luciani discusses this condition in the context of a recent French ruling.
Supplementary protection certificates and basic patents