The criteria for a mark to be ‘well known’ is higher than the assessment criteria for trademarks with reputation, and decisions can vary considerably between EU member states, as Casper Hemelrijk explains.
A recent decision by EUIPO's Board of Appeal, in a dispute over educational toys for children, illustrates the limited degree of freedom for designers under design law.
Back in October 2018, the General Court of the EU decided that energy drink Red Bull and alcoholic drink Flügel were not similar products. By calling on its reputation, however, Red Bull has found a way to fight back, as Casper Hemelrijk explains.
The Vita Group has recently been successful in its ongoing dispute over the registration of the descriptive term ‘Talalay’. Vanessa Harrow sets out the ruling and the steps businesses can take when faced with a similar issue.
The Chinese government is seeking to create a more favourable climate for investment and innovation by tightening its trademark legislation.
The US Department of Justice considers the Hells Angels to be an organised crime syndicate, yet the motorcycle club is pretty astute when it comes to staying on the right side of IP law.
A recent decision in a dispute over the 'Lumiqs' trademark reiterates the importance of adopting targeted wording for products and services of interest from the outset. Florence Chapin outlines the ruling, and the court's reasoning on distribution channels and the sale of products online.
The UKIPO made a somewhat unexpected decision in a recent dispute between two Scotch whisky brands. Distiller William Grant & Sons, owner of the Glenfiddich label trademark, has been unsuccessful in its opposition to the Glenfield label trademark application.
The EU General Court ruled today (14 May) in the dispute over the 'Neymar' mark, finding in favour of Paris Saint-Germain’s star footballer Neymar in his trademark cancellation action. Novagraaf’s Casper Hemelrijk sets out the background to the case.
When you think about cocktails, IP is probably the last thing to come to mind, but what's to stop a mixologist protecting a signature concoction? In celebration of World Cocktail Day on 13 May, we took some time out to investigate the heady mix of booze and IP.
EUIPO’s Cancellation Division ruled earlier this month that supermarket giant Iceland’s trademark registration is invalid, following a successful challenge by the nation of Iceland.
A sign can not be registered as a trademark when it is descriptive for the goods or services for which it is used, or when it is contrary to public policy. The figurative trademark ‘MaK Tea’ has been denied registration on both these grounds.