IPO gives Cadbury sweet victory by allowing it to register purple mark
The Intellectual Property Office (IPO) has allowed Cadbury, the chocolate manufacturer, to register a specific shade of purple as a UK trade mark for chocolate-based products. Cadbury’s application had...
View ArticleTrade marks must specify Nice classification class headings
EU trade mark applicants must specify Nice classification class headings – CIPA v Registrar of Trade Marks, European Court of Justice The European Court of Justice has ruled that trade mark applicants...
View ArticleBoehringer finds OHIM not so RELY-ABLE
Boehringer Ingelheim International GmbH v OHIM, European General Court The European General Court (“EGC”) has rejected an application by Boehringer to challenge the OHIM Board of Appeal’s decision to...
View ArticleBad faith must be interpreted the same across EU, and EU states can’t add to...
Malaysia Dairy Industries Pte Ltd v Ankenævnet for Pantenter og Varemærker, European Court of Justice Article 4(4) of the European Union’s Trade Marks Directive lists optional exclusions to trade mark...
View ArticleHead straight to Go and collect £200? Monopoly maintains top position in...
Olesegun Victor Ibitoye v Hasbro Inc, Intellectual Property Office An appeal at the Intellectual Property Office (IPO) has concluded that a hearing officer was right to uphold an opposition to...
View ArticleDouble score for trade mark victory against SCRABBLE owner, Mattel
J W Spear and Sons and others v Zynga Inc, Court of Appeal The Court of Appeal has concluded that the SCRABBLE playing tile was not capable of registration as a trade mark as it was not a “sign”...
View ArticleBitter sweet judgment sees Cadbury lose controversial purple trade mark
Societe Des Produits Nestle SA v Cadbury UK Ltd, Court of Appeal The Court of Appeal has found that Cadbury was not entitled to a registered trade mark for a specified shade of purple because its...
View ArticleSportsmanship goes out the window as Lonsdale’s trade mark appeal is approved
Lonsdale Sports Ltd v Erol, High Court The High Court has granted Lonsdale permission to appeal against the registration of a trade mark by Erol on the grounds that use of Erol’s trade mark would take...
View ArticleOHIM issues guidance on registration of colour trade marks
The Office for the Harmonisation of the Internal Market (OHIM) – the body in charge of registering European Community Trade Marks – has issued new guidelines regarding trade marks which are registered...
View ArticleTotal victory as High Court concludes that “youview” infringes YOUR VIEW...
Total Ltd v YouView TV Ltd, High Court The High Court has concluded that YouView TV Ltd’s (YV) use of “youview” for a TV programming service via set top boxes was infringing Total Ltd’s registered...
View ArticleA straight conclusion from the EU General Court kicks trade mark application...
The EU General Court has concluded that the decision of the OHIM Board of Appeal to reject a trade mark application for a sign consisting of a single wavy line because of a lack of distinctiveness in...
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