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, says UK Trademark Attorney Dan Halliday.
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The Madrid System for the international registration of trademarks allows brand owners to apply and maintain protection in 124 countries via one single procedure, in one language and one set of fees. However, levels of protection can vary and the process is not without its shortfalls.
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, as UK Trademark Attorney Laura Morrish explains.
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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.