Trade Marks

Things got heated in a recent trade mark case where the UK Intellectual Property Office refused to grant protection to Tefal for it’s so-called ‘Famous Red Spot’. The decision for this case can be read here. Background on the Tefal mark  In 2018, Tefal filed an application to register its ‘red dot’ as a trade… Read more »

UK IPO unveils new scheme for protecting Geographical Indications in the UK Until now, Geographical Indications (GIs) have been protected in the UK via protection afforded under EU law, but this scheme ceased to cover the UK at the end of the Brexit transition period. It has now been confirmed that GIs will be protected… Read more »

AA Thornton support Admiral Group in successful sale of the Penguin Portals and Preminen businesses We at AA Thornton are very proud to have supported the superb team at Admiral Group with their IP and trade mark needs over many years and, in particular, to have recently assisted them on the IP side of the… Read more »

Impact of the end of the Brexit Transition Period on Tribunal Proceedings The Brexit transition period ended on 31 December 2020 and the UK IPO has issued a new practice note covering some new aspects of UK IPO trade mark and registered design practice in relation to tribunal proceedings such as cancellation actions or oppositions…. Read more »

Retail team member Sarah Neil follows up on her last article to assess how the Appointed Person considered the issue of the ‘senior user’ on appeal.   Introduction We previously reported the first instance decision in an opposition between ABP Technology Limited (“ABP”) and Voyetra Turtle Beach, Inc (“VTB”) relating to the marks STEALTH and… Read more »

Trade mark rights IN THE RED! Automotive team member, Rachel Havard considers the CJEU’s recent judgement on genuine use of Ferrari’s TESTAROSSA trade mark.   The concept of “use it or lose it” We all probably need a bit of nostalgia in our lives, more than we ever did, and brand names/trade marks play a… Read more »

Brexit burn-out for the EUIPO Torpedo An often important element of the strategic considerations relating to claims in the UK for infringement of a registered EU right is due to be removed on 1 January 2021.   The Torpedo Article 132 of the EUTMR[1] states that EU trade mark courts shall stay an action for… Read more »

UK Intellectual Property Office – new rules soon on address for service Following a consultation in the UK with intellectual property professionals, the UK Government has announced that the existing reference to the European Economic Area (EEA) will be removed from the current address for service rules for UK trade marks, designs and patents: Government’s… Read more »

It’s the Most Wonderful Mark of the Year: legal protection and use of seasonal slogan marks  Every year we wait with anticipation for the new John Lewis advert and the famous Coca Cola trucks to finally deliver the message that the holidays are coming! To the consumer seasonal adverts mean that businesses will be soon… Read more »

Appeals to the Appointed Person in the UK – the unappealing truth (part 2) This article was first published in The IPKat, and is a follow-up post from Ian Gill, who once again has been scouring decisions from the Appointed Person on trade mark appeals in the UK Intellectual Property Office.   Nearly five months… Read more »