Insights

From Led Zeppelin to Katy Perry, it seems that hardly a few weeks go by without another music IP case hitting the headlines. But, does this mark an increase in actual ‘copying’, or is it just a indication of the high amounts of money at stake once a pop group or pop song becomes successful?

The Unified Patent Court Agreement received a further blow this month after Germany’s Federal Constitutional Court declared the Act establishing the system null and void on constitutional grounds.

Earlier this year, the EPO published its decision setting out the reasons for its refusal of two European patent applications in which an AI system was designated as the inventor. 

Despite holding a EU collective trademark, the EU General Court ruled that ‘Halloumi’ was too descriptive, and thus lacking in distinctive character, to successfully oppose a EU trademark application for ‘BBQloumi’. Now, the CJEU has set aside that decision.

As the coronavirus spreads, so too do related trademark applications. It’s only the latest example of how registrations follow medical and political news.

In a new twist to the ‘Royal’ trademark saga, Prince Harry and Meghan Markle have retracted their application for the ‘Sussex Royal’ marks. Megan Taylor outlines the barriers to obtaining a Royal trademark.

The revised Rules of Procedure at the EPO’s Boards of Appeal (RPBA), known as ‘RPBA 2020’, came into force on 1 January 2020. The revised rules apply to any appeal pending on, or filed after, this date.

If a trademark office deems a potential trademark to be contrary to public policy or accepted principles of morality, it can refuse to register the mark. Following a recent CJEU decision, concrete evidence will be necessary to substantiate that decision, as Casper Hemelrijk explains. 

A recent judgement by the District Court of The Hague shows the importance of documenting comprehensive and consistent evidence of trademark and trade name use.