Intellectual property news and updates

GAME OF VAPES victorious in trade mark battle

HBO has been unsuccessful in its recent opposition to the registration of GAME OF VAPES as a UK trade mark. We examine the case and give our conclusion.

What makes the colour red?

Supermarket giant Sainsbury's has successfully argued that a trade mark registration owned by Fromageries Bel SA, owner of the Babybel brand, is invalid.

Infringement by Equivalence in the Intellectual Property Enterprise Court

Following on from two high profile recent cases; Actavis v Eli Lilly and Icescape v Ice-World, the IPEC have handed down a judgement based on the relatively new definition of patent infringement, infringement by equivalence. We give our opinion and recommendations based on this form of infringement.

Philips' patent for GPS athletic performance monitoring device held largely invalid

This Garmin v Philips patent case provides insight into issues surrounding patent protection where an existing technology in one field is adopted in another.

Potential Amendments to Chinese Patent and Design Law

The SCNPC are considering a Draft Amendment to Chinese patent legislation. We examine the details.

The UK implements the EU Trade Mark Directive 2015

We outline the key changes that have come about from the new EU Trade Mark Directive.

New Canadian trade mark legislation announced

There will be significant changes to trade mark legislation in Canada from 17 June 2019.

China introduces new IP appeals courts

New legislation came into force on the 1 January 2019 although no significant cases have yet been decided by the new IP tibunal.

The Importance of Evidence: McDonald's fails to put sufficient meat on the bone to defend its 'BIG MAC' trade mark

The EU 'BIG MAC' trade mark was cancelled by the EU Intellectual Property Office last week as McDonald's did not submit enough evidence of use.

Genericism of trade marks

This long running trade mark dispute provides a useful reminder of the vulnerability of a trade mark if the mark becomes a commonly used name for the good it is registered for.

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