As the Advocate General issues its opinion in a case concerning design registration of a bike saddle, Volha Parfenchyk discusses what is meant by ‘normal use’ in the context of EU design rights.
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.
Should the trademark owner be held liable for a product defect, even if they did not manufacture the goods? That was the question at the heart of a recent dispute before the Court of Justice of the EU. Noa Rubingh examines the ruling and its implications for trademark owners.
From patents protecting core innovation to trademark and design rights, IP registrations have been a vital cog in the success of the watch industry, not least when it comes to stamping down on counterfeits and other forms of trademark infringement.
Caterpillar, Inc has successfully challenged the August 2020 European trademark application for ‘FLOWERCAT’ on the basis that the mark infringes its earlier rights to both the word and figurative (device) marks for ‘CAT’. Noa Rubingh reviews the recent ruling.
In a recent webinar on best practices for European patents, Novagraaf’s Dr Kate McNamara joined experts from Questel to discuss the new European patenting landscape. Here, we summarise some of the key points discussed.
Patents to protect innovation are applied for and owned only by their ‘human’ inventor, so what happens if a product is produced entirely and autonomously by a highly advanced computer? This question has been at the heart of a number of proceedings before patent offices around the world, including the EPO, as Volha Parfenchyk explains.
The EU General Court has issued its decision in the decade-long dispute over the 'Spinning' trademark, as used for exercise-related goods and services. Aurélie Guetin cycles back to take a look at the proceedings.
As the high-profile ruling in BavariaWeed illustrated earlier this year, many (illegal) drug references, images and terms are not eligible for trademark registration in the EU on the grounds of public order or morality. What can be registered depends largely on the type of drug to which the trademark refers.