When carrying out prior art searches, it’s important not to confuse the objective of patentability with that of freedom to operate. Vincent Robert explains the distinction.
A seniority claim allows the owner of a European trademark to claim prior rights based on existing EU national registrations. While a successful claim extends EUTMs back to the date of the earlier national registration, this doesn’t necessarily mean you should allow those rights to lapse, says Vanessa Harrow.
In response to a 2019 CJEU decision on collective marks, INTA has filed an amicus brief before EUIPO’s Grand Board of Appeal to set out its views on genuine use. Doddy Wolfs explains what the ruling and INTA’s submission could mean for owners of collective marks.
It is important to register any changes that affect the life of a patent or patent application with the relevant patent office(s). However, the requirements for updating a title – or consequences of not doing so – can differ dramatically, depending on the type of change and country, as Rose-Marie Ehanno and Paul Rolland explain.
Forgetting to register a change of name or address on patent office records can be a potentially costly and time-consuming oversight, as Rose-Marie Ehanno and Paul Rolland explain.
What do patent assignments, company mergers and the relocation of patent owners have in common? They all trigger the need for recordals to protect associated patent rights. On the 19 January 2021, we gather our Novagraaf experts to share recordals best practice with you.
With the ongoing COVID-19 crisis providing added incentive, consumers are increasingly turning to digital channels to access products and services. The recent phenomenon of influencer marketing offers both opportunities and pitfalls for brand owners, says Casper Hemelrijk.
Counterfeit purchases spike before holidays such as Christmas and during designated sales periods, such as Black Friday, Cyber Monday and the January sales.
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 UK’s departure from the EU at the end of this year will change the territorial requirements for genuine use of EU and UK trademarks, as Vanessa Harrow explains.
An essential device to fight the spread of COVID-19, the mask now represents a retail market in its own right. Marine Dissoubray spells out the IP implications.
Protecting patentable innovations in the US and EU is the foundation of many corporate patent portfolios. However, a first patent filing in the US can cause issues obtaining subsequent protection in Europe, as Nadège Lagneau explains.