The UK electorate has decided that the UK should leave the European Union (EU). The referendum does not take immediate effect. Current EU law and EU-wide rights, for example, the EU trade mark and the registered Community design, will continue to apply until the withdrawal from the EU actually happens. The process of leaving the … Continue Reading
With the UK’s referendum on membership of the EU now just a month away, the focus is on what the likely impact of a Brexit would be. We have prepared an article summarising the impact a Brexit would have on the protection and enforcement of intellectual property rights in the UK. This will be relevant … Continue Reading
Our Washington DC office will be hosting an “Off the Record” luncheon program, “Developments in Intellectual Property Rights Enforcement at the Border,” sponsored by the International Intellectual Property Committee of the D.C. Bar International Law Section and cosponsored by the D.C. Bar Intellectual Property Law Section, the ABA Section of Intellectual Property Law, the ABA Section … Continue Reading
We previously reported on the pending reforms to the trade mark regime across Europe. A number of reforms to the Community Trade Mark system will be effective on 23 March 2016 when the new EU Trade Mark Regulation comes into force. Squire Patton Boggs partner Deborah Lodge (DC) will be speaking in an upcoming Strafford live webinar, … Continue Reading
The Office for Harmonization in the Internal Market (OHIM) has issued some guidance for Community Trade Mark owners considering amending the goods/services covered by their marks under Article 28(8) of the new EU Trade Mark Regulation. Background We have previously reported on the pending reforms to the trade mark regime across Europe. A number of … Continue Reading
We recently reported that in a landmark decision, the US Court of Appeals for the Federal Circuit found that the Lanham Act’s prohibition on the registration of disparaging marks violates the First Amendment right to free speech. Not only did this decision pave the way to registration for owners of potentially disparaging marks, but it also … Continue Reading
In December, we reported that the EU trade mark reform package had been given the go-ahead. At that time, we were awaiting publication of the final texts of the legislation implementing the reforms and confirmation of the dates on which the reforms would take effect. We now have both of these. New Regulation 2015/2424 was … Continue Reading
Are you stuck at the office cranking away at that office action response that is due on Christmas Eve? If so, you will want to take a break and read this post. The United States Patent and Trademark Office (“USPTO”) experienced a major power outage on December 22, 2015, which resulted in damaged equipment that … Continue Reading
The United States Court of Appeals for the Federal Circuit ruled on Tuesday that the Lanham Act’s prohibition on the registration of disparaging marks – which was central in the controversy over the name of the professional football team the Washington Redskins – is unconstitutional. This drastic change to U.S. trademark law will pave the … Continue Reading
We previously reported on anticipated reforms to the trade mark system across the EU. The European Parliament has now approved the reforms as of December 15, which is a little earlier than expected. These reforms will impact the Europe-wide Community trade mark system as well as the national trade mark system of each EU member state. … Continue Reading
We recently reported on the United States Patent and Trademark Office’s new Technology Evolution pilot program, under which certain amendments to identifications of goods or services due to changes in evolving technology may be allowed. There have been just over a dozen of these petitions filed since the pilot inception date of September 1, 2015. However, most of … Continue Reading
The Consumer Rights Act 2015, which represents a substantial consolidation and update to consumer contract law in the UK, came into force this month. All brands should be aware of the impact of the changes, particularly in view of the increased rights and remedies for consumers in the form of implied terms and, for the … Continue Reading
The recent judgement of the European Court of Justice (“CJEU”) in Nestlé v Cadbury offers Nestle a glimmer of hope in their quest to register the shape of their ever-popular KitKat chocolate bar as a trade mark, which has vehemently (and so far successfully) been opposed by Cadbury, in the context of over a decade … Continue Reading
Did your company at one time obtain a trademark registration covering goods that can now be considered “old technology,” such as music cassettes, VHS tapes, or floppy discs? And now that your company has moved on to newer technology, such as downloadable music files, pre-recorded DVDs, or online software, you’re afraid that your long-standing registration … Continue Reading
In CREW Republic Brewery GmbH v Office for Harmonisation in the Internal Market (OHIM) (Case R167/2015-4), the Fourth Board of Appeal of OHIM has found that the registration of the word mark DETOX as a Community trademark (CTM) for “beers” in Class 32 is eligible for registration because its meaning is neither descriptive, nor does … Continue Reading
Maren Ebner reports the case of Best-Lock (Europe) Ltd. v. Office for Harmonisation in the Internal Market (OHIM) and Lego Juris A/S (Case T-396/14) in which the General Court has upheld a decision of the Fourth Board of Appeal of OHIM, finding that Lego’s figure is a valid trademark, despite the fact that it includes … Continue Reading
Maren Ebner discusses the case of Levi Strauss & Co v Office for Harmonisation in the Internal Market (OHIM) (Case T-604/13). The General Court has overturned a decision of the Second Board of Appeal of OHIM, finding that the Community Trade Mark (CTM) application for the word mark 101 was visually and phonetically similar to … Continue Reading
Related to our recent blog post on immoral marks, U.S. trademark law also prohibits registration of trademarks that consist of “matter which may disparage … persons, … institutions, beliefs, or national symbols.” This Section of the Lanham Act is central to the long-running controversy over the name of the well-known professional football team, the Washington … Continue Reading
In general, most, if not all, trademark authorities around the world will not allow marks of an immoral nature on their registers. In the U.S., for example, if a “substantial composite of the general public” would perceive the mark, in context, to have a vulgar meaning, then the mark as a whole consists of scandalous … Continue Reading
A number of changes are in the works with respect to the EU Trade Mark system, including a change to the name of the well-known Community Trade Mark and the office charged with granting them. The European Parliament, Council and Commission informally agreed to several changes on June 10, which are intended to improve accessibility … Continue Reading
Profitable companies may be considering how to invest their extra dollars. “Investing in IP is a good choice,” says Squire Patton Boggs attorney Bryan Sims, who authored a blog titled “Ready For Investment? Three Reasons Why IP Matters.” Bryan gives three reasons why investing in IP makes sense. First, the IP rights that are generated from innovation … Continue Reading
Following President Obama’s December 2014 announcement of a relaxed policy towards Cuba, many companies await the opening up of the Cuban market. Some steps can be taken now to protect a company’s valuable trademarks and other IP in Cuba. An exception to the long-standing US embargo on trade with Cuba permits US companies to file … Continue Reading
In B&B Hardware, Inc. v. Hargis Industries, Inc. (No. 13-352), the U.S. Supreme Court settled the question whether a finding by the Trademark Trial and Appeal Board (“TTAB”) can trigger issue preclusion in later federal court litigation. The Court held that “[s]o long as the ordinary elements of issue preclusion are met, when the usages … Continue Reading
Last year, we brought you news of Interflora’s victory against Marks & Spencer (“M&S”) in a keyword advertising dispute where M&S were found liable for trade mark infringement by the UK High Court. In a dramatic turn of events, the Court of Appeal has overturned the original decision and ordered a retrial by the High … Continue Reading
