When deciding on your IP enforcement and protection strategy, both the 'sword' and 'shield' functions of trademarks must be kept in mind, says Laura Morrish.
The short answer is ‘yes’, you can own a fictional character, says UK Trademark Attorney Luke Portnow, and this summer the UK saw a particularly interesting case law development in copyright protection.
Stop the Press! 'HOUSE OF ZANA' has been found to be different from 'ZARA'. To many, this will not have come as a surprise. When trademark applications are opposed, applicants (and/or their representatives) are familiar with the argument “the marks only differ by one letter”. Increasingly, that argument does not bear much weight at the UK IPO Tribunal Section.
As companies increasingly turn to innovative trademarks, such as colour, sound, holograms and motion marks, to differentiate themselves from competitors, questions arise as to how to protect these trademarks effectively. Register for our webinar recording to discover the answers.
Laura Morrish celebrates World Gin Day (11 June) by examining the intellectual property considerations surrounding the popular spirit.
Trademark assignment recordals against UK rights have been on the rise since Brexit, as EU trademark owners are now required to manage these rights separately.
When businesses merge with or acquire other businesses, the challenge for IP professionals doesn’t stop once the deal is complete. For IP rights to be properly updated and maintained, the question of how to brand and structure the newly merged business first needs to be addressed.
On 1 June, Novagraaf's Luke Portnow and Thomsen Trampedach's Markus Rouvinen provided useful take-home points and experiences on implementing smart solutions to current IP challenges in private practice and in-house.
The route to implementation of the proposed unitary patent and Unified Patent Court system has been far from easy. With it now projected to come into effect before the end of 2022, we set out the answers to some frequently asked questions in our latest white paper 'The Unitary Patent: A practical guide'.
Brands routinely find creative and innovative ways to generate new customers or retain existing ones. A notable recent example of this has been the use of sub-brands to branch out into the same or a new market without jeopardising the parent brand’s existing position. Laura Morrish discusses the trademark implications.
The legal dispute between Marks & Spencer and Aldi over their rival Colin the Caterpillar and Cuthbert the Caterpillar birthday cakes was the source of many headlines and Twitter posts in 2021. Luke Portnow explains what the supermarket chains' decision to settle out of court means for the UK's law of 'passing off' post-Brexit.
A thorough review of your trademark portfolio now will put both your IP rights and your business in a strong position for the year to come. Assess your registrations for strength, accuracy and cost with the help of our three-step process.