In January 2020, Volkswagen (VW, the Opponent) filed an opposition against this trade mark application, alleging a likelihood of confusion with its earlier 3D shape registrations . The Applicant’s…
This case ABP Technology Ltd v Voyetra Turtle Beach, Inc. & Anor (Rev1) [2021] – EWHC 3096 (Ch) (19 November 2021) concerns two parties using highly similar/identical marks (STEALTH) on identical…
Unregistered rights are protected by the law of passing off in the UK. In the recent decision of the IPEC in Stone v Wenman, the court reiterated and applied some key principles in the law of passing…
The scope of protection of a trade mark registration is a key question faced by trade mark practitioners when advising on rebrands. The recent Oatly case [Oatly AB v Glebe Farm Foods Limited [2021]…
As with other aspects of trade mark law, the UK and EU have adopted asymmetrical arrangements about exhaustion post-Brexit. The arrangements result in uneven outcomes on enforcement against parallel…
Guerlain, the luxury French perfume, cosmetics and skincare house, has emerged victorious in their three year-long attempt to obtain registration of a three-dimensional EU trade mark in respect of…
The Brexit transition period has come and gone, and we are now almost 8 months into our post-EU life. One thing we can all agree on is that the way we work and the processes we use have been hit…
Summary
Tefal applied to register “a plain red dot affixed centrally to the bottom of a cooking receptacle (such as a pan, saucepan)” (below). The goods covered were “frying pans, saucepans,…
In a recent decision by the First Board of Appeal, Gleissner’s Sherlock Systems satisfied the test for abusive practice in its attempted revocation of the mark, KEYNOTE.
Gleissner is infamous within…