Insights

A seniority claim allows the owner of a European trademark to claim prior rights based on existing EU national registrations. While a successful claim extends EUTMs back to the date of the earlier national registration, this doesn’t necessarily mean you should allow those rights to lapse, says Vanessa Harrow.

Dairy alternative Oatly has overcome objections to its slogan, ‘It’s like milk, but made for humans’, potentially offering a new way for vegan and vegetarian brands to protect plant-based trademarks in the EU.

In response to a 2019 CJEU decision on collective marks, INTA has filed an amicus brief before EUIPO’s Grand Board of Appeal to set out its views on genuine use. Doddy Wolfs explains what the ruling and INTA’s submission could mean for owners of collective marks.

Since the UK left the EU on 31 December 2020, UK-based businesses and citizens are no longer eligible to own or renew .eu domain name registrations.

It is important to register any changes that affect the life of a patent or patent application with the relevant patent office(s). However, the requirements for updating a title – or consequences of not doing so – can differ dramatically, depending on the type of change and country, as Rose-Marie Ehanno and Paul Rolland explain.

The German Bundestag and Bundesrat approved the draft law ratifying the Agreement on a Unified Patent Court in November 2020. In theory, that means the Unitary Patent could come into force in 2022. If only, things were that simple, says Robert Balsters.

Read answers to some of the most frequently asked questions about Brexit and IP, from cloning of EU trademark and design rights to conversions, renewals, representation, customs applications, geographical indications, SPCs and much more.

Decision in 'Frigidaire' provides a reminder of the importance, yet difficulty, of quantifying and assessing genuine use. Trademark owners cannot be reminded enough of the vigilance that is necessary in this area.

Forgetting to register a change of name or address on patent office records can be a potentially costly and time-consuming oversight, as Rose-Marie Ehanno and Paul Rolland explain.