Insights

Just because a patent has been granted does not mean it cannot be disputed. Vincent Robert explains the procedure for patent oppositions in the EU, including when and how it can be used.

In affirming the EUIPO’s decision to refuse the registration of a figurative mark for confectionery containers, the EU General Court has confirmed that the principles developed in the context of 3D trademarks are also applicable to 2D trademarks.

Rebekah Vardy has successfully registered WAGATHA CHRISTIE as a UK trademark after a recent libel case hit the tabloids, but is it vulnerable to bad faith?

The Boards of Appeal of the European Patent Office (EPO) recently ruled in a case concerning sufficient disclosure for a patent application related to wind turbines. Robert Balsters examines the decision and what it means for mechanical patents. 

After much dispute, discussion and delay, the Unified Patent Court launch officially took place this morning at 9 am CET (1 June 2023). Organisations can now benefit from a new unitary patent (UP) right and access the new Europe-wide patent court system (UPC).

In disputes over pharmaceutical trademarks, the courts take a precautionary approach to exclude any risk of confusion between two medicines marketed under similar brand names. However, this restrictive approach has been qualified by EU case law, as Florence Chapin explains.

Parallel imports, also known as ‘exhaustion of trademark rights’ or the ‘first sale doctrine’, is a well-known limitation to the rights of trademark owners. Volha Parfenchyk discusses the practice in the context of two recent EU rulings on the branding of generic medicinal products.

Changes to trademark registration requirements promised to herald a new era for non-traditional trademarks, such as shape marks, in the EU. But, has anything really changed for trademark owners, asks Megan Creemers.

The sessions scheduled at INTA's 2023 Annual Meeting remind us that trademarks are not the only rights to consider when looking at brand protection.