Insights - Trade marks

Trade marks

10-04-2019

Cheesy feet — how to protect an unusual trade mark

Here’s our guide to protecting unusual trade marks, such as colours, shapes, patterns and smells.

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Trade marks

25-03-2019

Counterfeiting and the importance of brand protection in beauty

Trade mark filings across the beauty sector are increasing to combat counterfeiting.

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Trade marks

12-03-2019

Can fashion brands survive the transition from sale to rental?

Fashion's shifting from an ownership to a rental model — and brands must be prepared for the future.

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Trade marks

07-03-2019

Six steps your business should take to protect its brands

Every business has a valuable brand that should be protected. Here are six key steps to take.

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Trade marks

30-01-2019

To brand or not to brand — the shift from no logo to pro logo

As the world moves beyond the 'no logo' trend, we ask — can brands be a force for positive change?

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Trade marks

16-01-2019

BIG MAC trade mark McCancelled

In a real David vs Goliath trade mark dispute, McDonald's BIG MAC registration has been cancelled.

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Trade marks

20-12-2018

Christmas trade mark troubles — how could Santa protect his image?

Santa's fed up of people exploiting his image each year. What IP rights and options does he have?

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Trade marks

10-12-2018

Pity the fool who doesn’t trade mark their catchphrase

From the boxing ring to The Lion King, obtaining a trade mark can be extremely profitable...

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Trade marks

20-11-2018

A celebration of sustainability in fashion

We look at the sustainable winners from the Walpole Luxury Awards 2018.

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Trade marks

15-11-2018

Black Friday™ — infringing the trade mark of a retail phenomenon

There's a trade mark for the term 'Black Friday' in Germany. So can you use it without infringing?

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Trade marks

24-10-2018

​Bats, balls and bed sheets — the world of cricket trade mark trolls

Discover the importance of registering trade marks to protect your rights.

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Trade marks

11-10-2018

The future of fashion — catwalking towards sustainability

Here’s a look at what’s happening to help the fashion industry move towards sustainability.

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Trade marks

17-09-2018

LOL, WTF, FOMO, NBD — P&G gets down with the kids

Have you ever looked at a bottle of Febreze and wished it would make you ROFL?

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Trade marks

06-09-2018

Shedding light on the EU protected food name register

An explanation of protected names of food and drink products under EU law in light of Brexit.

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Trade marks

17-08-2018

A debranding debacle — EU customs warehousing and trade mark rights

EU customs warehousing provides no safe harbour for ‘debranding’ importers.

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Trade marks

13-07-2018

From CR7 to Smokey Beckham — a guide to football trade marks

Following an exciting World Cup, here's a look at the relationship between football and IP.

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Trade marks

13-06-2018

Lucky pants and ambush marketing — a Trade Mark Attorney’s guide to the FIFA World Cup

A flurry of marketing is underway even before a football has been kicked, but is it all above board?

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Trade marks

20-03-2018

Protection of IP rights post-Brexit

A new UK-EU agreement will see certain IP rights protected after the post-Brexit transition period.

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Trade marks

16-03-2018

Chicken wars

What restaurant sells peri peri chicken, has red, yellow and black branding and sounds like Nando’s?

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Trade marks

12-03-2018

Can a colour be a shape? Christian Louboutin update

What makes up the concept of a shape? Sakura Proctor examines a case involving red-soled shoes.

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Trade marks

12-01-2018

Are you smoking counterfeit cigarettes?

Are you smoking counterfeit cigarettes? ​It may be worth checking if you smoke any of these brands.

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Trade marks

04-01-2018

Does the Aldi ‘Champagne’ decision affect Protected Designations of Origins?

What makes a sorbet a Champagne sorbet? We explore regional trade mark protection.

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Trade marks

11-12-2017

Can Red Bull trade mark a blue and silver colour combination?

Explore Red Bull's rights when it comes to blue and silver colour combinations for energy drinks.

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Trade marks

13-11-2017

Is the Remembrance Day poppy a trade mark?

UK Border Force seized counterfeit "poppy-branded goods" which infringed registered trade marks.

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Trade marks

08-11-2017

Can you register the name of a cake?

Bettys & Taylor Group raised objections against a fellow café’s use of its FAT RASCAL trade mark.

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Trade marks

25-10-2017

‘John Lemon’ soft drinks to be rebranded following objection from Yoko Ono

A lesson in why you should always seek professional advice before launching a new trade mark.

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Trade marks

29-09-2017

Never mess with the Escobars...

Popular Netflix series Narcos is facing a backlash from Pablo Escobar's brother.

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Trade marks

11-09-2017

Loaves at dawn

During the furore of Paul Hollywood moving to Channel 4, there has been a trade mark issue brewing.

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Trade marks

28-07-2017

Mother Teresa — the trade marks

A trade mark for the pattern of the blue border of Mother Teresa’s sari has been registered.

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Trade marks

17-07-2017

Trade mark delays launch of rival product

Toblerone takes on Poundland over the 'Twin Peaks' chocolate bar.

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Trade marks

13-07-2017

Gene Simmons' 'devil's horns'

​Kiss frontman Gene Simmons abandons his attempt to trade mark ‘devil’s horns’ hand gesture.

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Trade marks

07-07-2017

Can a colour be a shape? (continued)

The Advocate General thinks so, if the colour is functional.

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Trade marks

07-07-2017

Marketplace operators and trade mark infringement

How can we remove listings that infringe trade mark rights in physical stores, as well as online?

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Trade marks

31-05-2017

The KitKat trade mark misfortune continues

Another win for Cadbury's against Nestlé's attemps to trade mark the shape of a KitKat.

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Trade marks

17-05-2017

It’s a dog-eat-dog world in the beer and bar industry...

​Elvis and Elvis are in the (brew)dog house...

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Trade marks

09-01-2017

KitKat shape EU trade mark invalid

An update on the now (in)famous registration of the 3D four finger KitKat shape.

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Trade marks

16-12-2016

Iceland v Iceland — is it fair to trade mark the name of a country?

Can a supermarket trade mark the name of a country? The answer: maybe...

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Trade marks

16-11-2016

Caffè Nero refused trade mark protection

You need to take extra care with trade marks which are prima facie descriptive in a language.

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Trade marks

15-11-2016

Who’s cube? — Rubik's Cube loses its shape trade mark

The EU trade mark registration for the shape of the Rubik's Cube has been cancelled.

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Trade marks

21-10-2016

Assos and Asos agree terms in trade mark dispute

Asos has settled ongoing global trade mark disputes.

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Trade marks

21-07-2016

MACCOFFEE — General Court finds for McDonald's

Would the mark 'Maccoffee' take unfair advantage of 'McDonald's' reputation?

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Trade marks

16-06-2016

Actual consent is vital in trade mark law

​Manor Grand Prix Racing Limited has recently learned this lesson the hard way.

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Trade marks

01-06-2016

The GLEE! case

What happened when a small UK comedy club fought off Twentieth Century Fox...

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Trade marks

26-05-2016

Who owns ‘Jose Mourinho’?

There's a problem when you change jobs and your former employer owns the rights to your name.

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Trade marks

10-05-2016

Is the tobacco directive valid?

The validity of provisions within the tobacco directive has been questioned.

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Trade marks

11-03-2016

Can a colour be a shape?

Is Christian Louboutin's red-soled shoe protected by a shape trade mark?

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Trade marks

25-02-2016

Trade mark in a bottle

The General Court rejected the registration of Coca-Cola's bottle shape.

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Trade marks

21-01-2016

KitKat — Cadbury takes the biscuit

Nestlé's struggle to trade mark the shape of its KitKat chocolate bar continues...

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Trade marks

21-01-2016

Hail me a (Metro)cab...

Here's what happened when the London Taxi Company defended itself against an infringement claim.

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Trade marks

30-10-2015

Champagne lifestyle, lemonade wage

Ignoring or opting out of litigation does not make it go away... read the case of Cava v Cristal.

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Trade marks

24-09-2015

Have a break Nestlé… (an update)

A sign must be capable of acting as a trade mark in its own right.

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Trade marks

02-09-2015

Help! Someone is using my trade mark as a domain name

Having a trade mark does not automatically give you the right to the associated domain name.

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Trade marks

10-07-2015

The building blocks for trade mark protection

Discover the story behind Lego's four-year legal battle to keep its 'LEGO man' trade mark.

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Trade marks

17-06-2015

Have a break, Nestlé…

To be capable of registration as a trade mark, a shape on its own must act as a badge of origin.

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Trade marks

06-05-2015

Skype loses trade mark battle in General Court, but no need for a rebrand (yet)

Here's what happened when the trade mark 'SKYPE' was opposed by British Sky Broadcasting Group.

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Trade marks

30-04-2015

Louis Vuitton loses battle over its chequerboard pattern trade marks

How can you prove acquired distinctiveness in the EU?

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Trade marks

24-04-2015

Use it, or lose it

Here's why you have to use your trade mark, or risk losing it.

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Trade marks

10-04-2015

Your own name is the name of the game

Does 'ASOS' create a likelihood of confusion with 'ASSOS'?

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Trade marks

22-01-2015

Top of the shops

Would shoppers believe a t-shirt sold by Topshop was endorsed by Rihanna?

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Trade marks

19-12-2014

A puzzling dispute

A Rubik’s Cube has 43 quintillion combinations... and nearly as many years of trade mark litigation.

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