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Taylor Wessing | European Union, United Kingdom | 31 May 2023
Bad Faith: a quick guide
With numerous recent rulings on bad faith, including the UK High Court's decision in Lidl v Tesco, we summarise the key issues brand owners need to…
Bird & Bird LLP | United Kingdom | 19 May 2023
Report of Trade Mark Cases
On appeal, Leech J held that the Company Names Tribunal (the "Tribunal") had erred in assessing the goodwill of Botanica Agriculture and Extraction…
SIMION & BACIU | European Union | 15 May 2023
Power of res judicata before EUIPO: national court decisions rendered in trademark conflicts
National court rulings on cases addressing trademark conflicts often have a significant impact in cases heard before the European Union Intellectual Property Office (EUIPO). This article considers to what extent the considerations taken by the national court have res judicata authority or res judicata power over a subsequent procedure seeking the cancellation of the identical or similar EU......
D Young & Co LLP | United Kingdom | 11 May 2023
Sweet defeat for Lindt: Appointed person dismisses appeal in Teddy v Teddylicious dispute
Ibran Yasin applied to register a figurative application for the figurative mark TEDDYLICIOUS in respect of chocolate desserts, cakes, and related…
D Young & Co LLP | European Union | 11 May 2023
GOURMET & INSIDE: General Court sets out requirements for evidence of genuine use
Sympatex Technologies GmbH filed an European Union trade mark (EUTM) for SYMPATHY INSIDE, which included protection for classes 25 and 35. Liwe…
D Young & Co LLP | European Union | 11 May 2023
Hecht Pharma v EUIPO: General Court offers guidance on genuine use of pharmaceutical products
In 2017, Hecht Pharma GmbH (Hecht) filed a non-use revocation action against the Gufic mark. The Cancellation Division revoked the mark in its…
Inlex IP Expertise | European Union | 1 May 2023
Registering slogans as trademarks: finding balance between wordplay and promotion
It is becoming increasingly difficult to understand the position of the EU authorities on the viability of registering a slogan as a trademark. To address this, the European Union Intellectual Property Office's recent case law research report clarifies its position and provides concrete examples to help brand owners determine a strategy to adopt. This article examines some key findings of the......
D Young & Co LLP | European Union, United Kingdom | 18 Apr 2023
EU/UK design registrations: take caution in showing earlier trade marks as part of the protection!
There are instances, however, where a given EU/UK design registration conflicts with an earlier dated distinctive sign, such as a trade mark, which…
Marks & Clerk | USA | 18 Apr 2023
Apple Adds Another Financial String to its Wallet
Tech giant Apple is apparently continuing its move into the financial services field, with the launch of a current account in collaboration with…
Westerberg & Partners Advokatbyrå AB | European Union | 10 Apr 2023
GC clarifies what constitutes genuine use in the European Union
The General Court has confirmed that ads and offers for sale can successfully be used to prove use of an EU trademark in relation to hotel services. The decision provides comfort for holders of trademarks in relation to hotels and other establishments that operate outside the European Union but that have a significant number of consumers within the European Union. The judgment also highlights......
