by David Eyre | Oct 18, 2023 | Trademarks
This is the purpose of Article 8(1) Brussels I (recast) and the provisions and intention of this law were recently considered by the CJEU and applied in the context of an infringement proceeding for the “VOGUE” trade mark owned by Advance Magazine Publishers (“AMP”)...
by Juliette Boynton | Aug 14, 2023 | Trademarks
The application was rejected by the Examiner under Article 7(1)(b) EUTMR which states:- The following shall not be registered: … (b) trade marks which are devoid of any distinctive character. The Examiner considered the mark would be recognised as an emoji...
by Alex Bajjon | Aug 1, 2023 | Designs & Copyright, Trademarks, UK
When the UK left the European Union, the UKIPO granted comparable UK rights for all existing EU trade mark and design registrations. Such comparable UK rights were granted automatically with no action from the proprietor required. This was an invaluable solution for...
by Chloe Sullivan | May 17, 2023 | Designs & Copyright, Trademarks, UK
Background Lidl have been operating in the UK since 1973, during which they have always used the familiar blue and yellow Lidl logo. Last year Lidl accused Tesco of infringement of their registered trade mark rights in relation to two versions of this logo: the...
by Sean Hughes | Aug 5, 2022 | Trademarks
Background Despite difficulties in practice, Article 3 of Directive (EU) 2015/2436 provides that colours can be registered as trade marks. A colour must, however, constitute a ‘sign’ and it is this context which has made the process of registering a colour as a trade...
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