Apples and Prepears: the perception of protective brands
Although trademark owners are legally entitled to oppose applications for similar or identical marks, by enforcing these rights they can sometimes be perceived to be bullying other companies. It is key for brands, especially those that are well known, to exercise their rights in a way that avoids causing damage to their reputation.
Partial priority under European patent law
Priority is an essential element of patent law and its application by the European Patent Office (EPO) has been clarified through case law, as Stéphane Roux explains.
By Stéphane Roux, 20 August 2020
Trademarks and the obligation of use
Trademark registrations provide an exclusive right to use protected brand names in the markets, and for the goods and services for which they have been registered. To maintain those rights, however, it is imperative to keep trademarks in use.
By Sandrine Collin, 19 August 2020
Trademark tips: Beware linguistic errors and cultural appropriation
A Canadian brewery and a New Zealand leather shop have both been caught out this month after using a Māori word as a brand name that has quite a different meaning to the one they had originally intended.
Nosecco, Prosecco and the clash between marketing ideas and IP rights
In its approval of the judgement in Les Grands Chais de France SAS v Consorzio di Tutela della DOC Prosecco, the High Court of England and Wales reminds brand owners that just because a name may resonate well with consumers, it doesn't mean they should choose it.
By Vanessa Harrow, 20 July 2020
Success for Louis Vuitton in pattern trademark dispute
The General Court of the EU has annulled an earlier ruling that found Louis Vuitton's 'Damier Azur' trademark pattern to be invalid. But, the Court did not yet answer the all-important question of whether the luxury brand's pattern had acquired distinctive character through use.
Still no perfect trademark for 'perfect' energy bar
In 2018, the General Court of the EU ruled that 'Perfect Bar' was too descriptive and thus insufficiently distinctive to be registered as a trademark, but the brand owner wouldn't take no for an answer, as Frouke Hekker explains.
By Frouke Hekker, 13 July 2020
Booking.com overcomes generic argument in US trademark battle
​​​​​​​The US Supreme Court has agreed with the holiday booking site's argument that its Booking.com brand name is not a generic term.
Booking.com: Does a dot.com make a brand name distinctive?
As a general rule, businesses cannot register generic terms as trademarks when they are directly related to the goods or services being offered. What does that mean for domain names, such as Booking.com?
Yes, your product is incredible, but should you call it that?
Following news that Nestlé has had to rebrand its 'Incredible Burger' after a Dutch court found the brand name too similar to the 'Impossible Burger', Chantal Koller sets out the risks of using laudatory terms in brand names.
By Chantal Koller, 11 June 2020
Champagne celebrates Champagnola ruling
The Comité Champagne has successfully challenged the attempt by Czech company Breadway to trademark the term 'Champagnola' for use on baked goods, as Manon Brodin explains.
By Manon Brodin, 11 June 2020
Trademark grace periods and proof of use
A recent case examined whether a rights holder could enforce a trademark within the registration grace period, even if the right is subsequently revoked for non-use. Laura Morrish sets out the ruling and explains the importance of regular portfolio reviews to ensure valuable marks are in use.
By Laura Morrish, 1 June 2020