Trademarks & Domain Names

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News & opinion

Lipstick brings 3D trademarks back to life

Assumptions that the shape mark is dead may have been overturned this month, after the General Court of the EU found the shape of a lipstick suitable for trademark protection. While it is not easy to protect characteristics such as shapes under EU trademark law, the recent judgement provides hope for companies wishing to protect design elements or other features of their products.

By Frouke Hekker,
Lipstick brings 3D trademarks back to life
News & opinion

Trademarks and cultural associations

Brand name and trademark selection are often associated with navigating potential infringement and opposition risks. Nevertheless, the consideration of local linguistic and cultural sensitivities is also part of the process, and a recent social media spat reminds us that cultural appropriation is a strong element of this, explains UK Trademark Attorney Luke Portnow.

By Luke Portnow,
Trademarks and cultural associations
Hot topics

Practical differences: Meeting the requirement to prove trademark use in the US

As the requirement to submit proof of use at the USPTO is different to practices in Europe, it can cause problems for brand owners looking to protect their trademarks in the important US market. Marianne Tissot and Marion Mercadier explain when evidence of use is required, and set out best practices for obtaining protection for trademarks in the US.

Practical differences: Meeting the requirement to prove trademark use in the US

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