If a likelihood of direct confusion between two trademarks cannot be established, the courts may still be prepared to find infringement on the basis of a likelihood of indirect confusion. A decision by the England and Wales Court of Appeal over the ‘American Eagle’ trademark provides some insight into the circumstances necessary for indirect confusion to apply.
The route to implementation of the proposed Unitary Patent system promised has been far from easy. With it now projected to come into effect in mid-2022, we set out the answers to some frequently asked questions in our latest white paper 'The Unitary Patent: A practical guide'.
The need to file evidence of use can crop up in many cases and the requirement to show historic use can cause problems for businesses. Preparation is critical to success.
In our white paper 'Best practices in trademark auditing: a practical guide', we set out the steps to take to put a trademark auditing programme in place that will help your business to streamline and exploit its portfolio.
Owners of registered EU rights benefited from the automatic cloning of those rights onto the UK register at the end of the Brexit transition period, but pending rights were not similarly converted. Luke Portnow sets out the steps needed to be taken by 30 September to protect such marks in the UK.
Drinks companies have diversified their products and ranges, and implemented new strategies in response to changing consumer preferences and the impact of both Brexit and COVID-19. But, what do these factors mean for brands' IP strategies moving forward?
The UKIPO recently upheld an opposition by Cambridge University to a trademark application by Chadlington Brewery Limited, for the mark ‘Cambridge Blue’, claiming beers in Class 32. The decision offers a useful summary of the UK’s common law tort of ‘passing off’, says Luke Portnow.
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.
At the end of 2020, the UK government announced a change to the rules of representation before the UKIPO. New trademark, design and patent applications and contentious actions at the UKIPO now require a 'UK address for service' to be appointed.
Download our factsheet for an overview of registered and unregistered design rights in the UK and EU following Brexit, and our top tips for brand owners on building an effective design right strategy.
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.
Download our updated trademark management white paper to find out how to build a trademark strategy that supports your business goals.