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In many jurisdictions, such as the EU and UK, brand owners can file trademark applications without any requirements to file evidence of use of their chosen mark. That is not to say that the ability to provide proof of use is not important.
In 2018 kitchen cookware company Tefal applied to register its signature 'red dot' as a trademark in the UK. After appealing refusal, the application was recently rejected due to a lack of the fundamental element of distinctiveness, as Trainee Paralegal Megan Taylor explains.
In May 2021, Pakistan will join the Madrid System for international trademark registrations, becoming its 108th member state, as Frouke Hekker explains.
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.
Dairy alternative Oatly has overcome objections to its slogan, ‘It’s like milk, but made for humans’, potentially offering a new way for vegan and vegetarian brands to protect plant-based trademarks in the EU.
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.
Since the UK left the EU on 31 December 2020, UK-based businesses and citizens are no longer eligible to own or renew .eu domain name registrations.
Decision in 'Frigidaire' provides a reminder of the importance, yet difficulty, of quantifying and assessing genuine use. Trademark owners cannot be reminded enough of the vigilance that is necessary in this area.
The soccer world has been in mourning since 25 November, after Diego Maradona died at the age of 60 following a cardiac arrest. One of the greatest football players of all time, Maradona is also well known among IP professionals for his 2019 dispute with Dolce & Gabbana, as Léa de Ladoucette explains.
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.
The European Court of Justice of the EU (CJEU) has found that Ferrari can retain the trademark rights to the Testarossa brand, even though production of the iconic sports car was discontinued in the 1990s, as Theo Visser explains.