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Tag Archives: EUIPO

COVID-19 – Effects on Intellectual Property (IP)

virus-4937553_1920IP Offices around the world have announced special measures to take account of likely business disruption, not only to their own operations but also to those of their customers, from the Coronavirus outbreak. Here we summarise the measures of the EUIPO, EPO, WIPO, UKIPO and IPOI.

If you feel that your ability to respond to an IP deadline is affected by the Coronavirus situation then please contact your normal IP representative who will be able to advise on the options that may be available. It is important to note that the various IP Offices are applying different special measures and the extent of such special measures may not be immediately be apparent. Please also note that the special measures across the various IP Offices mentioned below are changing constantly so please check with your representative for the latest news.

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Brexit 2020 – Impact on Trade Marks and Designs

brexit-1481028_640When will the UK leave the EU?

The Withdrawal Agreement has now been ratified by both the European and UK Parliaments. As a result, the UK will enter into a transition period on 31 January 2020, during which the UK will no longer be part of the EU, but will still be bound by EU rules and treated like a Member State. In this scenario ‘Exit Day’ for the purposes of IP rights will not be until the end of this transition period, expected to be on 31 December 2020. (more…)

Turtle Trade Mark Troubles

Turtle

EU application No 1257407 

This post is a case review of Opposition No. B002686593, Certina AG v TRB International SA, EUIPO, 30th July 2019

Certina AG (the Opponent) filed an opposition against EU application No 1257407 for a figurative turtle mark in the name of TRB International SA (the Applicant) for all goods in class 14. The opposition was based on international trade mark registration Nos 116985(Earlier Mark 1) and 1175867 (Earlier Mark 2) designating the EU for the figurative marks. The Opponent invoked Article 8(1)(b) and Article 8(5) EUTMR. (more…)

Brexit and Designs

Yesterday we posted a video detailing the impact of Brexit on trade marks. Here’s our post looking at designs.

2 April 2019

Brexit and Trade Marks

The Brexit process rumbles on. Here’s IPcopy’s video summary of the impact of Brexit on EU trade marks. Note: subtitles are available for this video.

Watch out for further videos this week covering the impact of Brexit on designs and patents.

1 April 2019

Case review – Safe Skies v EUIPO

blue-clouds-day-53594This post is a case review of C-326/18P_CO – Safe Skies v EUIPO (EU trade mark – Order) – 04 October 2018.

Safe Skies LLC filed an appeal against the decision of the General Court relating to invalidity proceedings brought by Safe Skies against Travel Sentry Inc. In support of this appeal, Safe Skies relied on a single ground, alleging infringement of Article 52(1)(a) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark (OJ 2009 L 78, p. 1) as amended by Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 (OJ 2015 L 341, p. 21) (‘Regulation No 207/2009’). (more…)

McDonald’s, Supermac’s and the “Big Mac” EU trade mark

The trade mark dispute at the European Intellectual Property Office (EUIPO) between Supermac’s, an Irish fast food restaurant chain, and McDonald’s over the “Big Mac” European trade mark has appeared in a number of news stories over the last couple of weeks.

The full decision from the EUIPO, in which the application by Supermac’s to revoke the Big Mac trade mark was upheld, can be found here.

I sat down with Alistair Gay, a partner in Keltie’s trade mark team, to discuss the case. (Note: this video has subtitles.)

Mark Richardson and Alistair Gay 30 January 2019

Brexit and IP: UKIPO update on Rights of Representation

brexit-1481028_1920The UK Intellectual Property Office recently updated its “IP and BREXIT: The facts” page with further details on its plans for handling European Union Trade Marks (EUTMs), Registered Community Designs (RCDs) and Unregistered Community Designs as the UK exits the EU (see our earlier post on the subject here).

The UKIPO Brexit page also has a few new things to say on the subject of the rights of UK IP professionals to represent clients before the EU Intellectual Property Office (EUIPO). It should be remembered that as a consequence of leaving the EU (and, as things stand, leaving the EEA) UK based IP professionals who can currently represent clients on EUTM and RCD matters before the EUIPO will lose their rights of representation (see more on this subject on the CITMA website). (more…)

Starbucks Success

starbucks-1972319_1920This post provides a review of a recent case, T-398/16 -Starbucks Corp v EUIPO and Hasmik Nersesyan.

 

Key points

• A global assessment involves weighing up the similarity of the marks and the goods or services
• The threshold for similarity is low

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Brexit and IP: EUIPO Q&A document

brexit-1481028_1920The EUIPO has recently published a Q&A document relating to the impact of Brexit on EU trade marks (EUTMs) and registered community designs (RCDs). This document was effectively the third publication on the impact of Brexit on Intellectual Property after the EU Commission’s position paper last year and the EUIPO’s notice which was published in December 2017 (and updated in January 2018). (more…)