Blog & News

Can I protect my trade mark worldwide?

For businesses in the UK and around the world, protecting a brand is essential to maintaining its integrity, value, and reputation. Trade marks offer a vital layer of security, protecting…

Protecting software with IP

Protecting software intellectual property (IP) in the UK requires a nuanced approach, combining various legal protections and strategic actions to secure both the code and the brand. Unlike some physical…

My business only offers services. Do I need IP protection?

Intellectual Property (IP) protection is often associated with physical products and inventions, but it is equally crucial for service-based businesses. If you’re a business offering services, such as consultancy, marketing,…

Notice Clauses: Their Basic But Essential Functions

In the world of business and legal agreements, contracts form the bedrock of relationships, clearly setting out the rights, responsibilities, and expectations of all parties involved. One of the most…

Puma & Nike: A dispute on FOOTWARE [Case T‑130/23]

Nike had an EU trade mark no. 018035847 for ‘FOOTWARE’, to which Puma filed an application for a declaration of invalidity stating that Nike’s trade mark lacked distinctive character, was…

Revocation actions: Beware of Non-Use [Case Reference R0307/2024-1]

Introduction GILMAR S.P.A., a well-known Italian fashion brand regarded for its brand ‘ICEBERG’, registered the EUTM trade mark no 10941615 for ICE in June 2017. In December 2023, Drifa ehf,…

Lifestyle Equities CV and anor v Ahmed and anor [2024] UKSC 17

The Supreme Court has upheld the Appellant’s (Ahmed and anor) appeal and dismissed the Respondent’s (Lifestyle Equities) cross-appeal. Importantly, the Supreme Court reinstated the law on accessory liability– which will…

Confidential Information: Protecting Your Ideas and Know-How

Are you involved in pitching innovative ideas or designs for tenders or investment opportunities? Do your employees have access to sensitive client information? Is your manufacturer aware of detailed information…

The Madrid Protocol and WIPO, what is it and how does it work?

We’re often asked how one might go about securing worldwide trade mark protection. Unfortunately, it’s not terribly easy as there is no such thing as a worldwide trade mark, instead…

Revocation for Non-Use of Baccarat’s EUTM: Proving Genuine Use is Paramount

Overview: A recent EUIPO decision revoking Baccarat’s EU Trade Mark (EUTM) designation for certain goods highlights the complexity of proving genuine use for luxury brands expanding into new product categories.…

How can I secure funding to help protect and commercialise the intellectual property in my business?

Like obtaining a lease to your business premises or finding and retaining good employees, obtaining and commercialising your intellectual property rights can be costly. There is often a long list…

What are Collaboration Agreements?

At Briffa we regularly help our clients collaborate with other parties (such as universities and businesses with technological expertise in a particular sector) so they can grow their businesses. Collaboration…

Should I consider an Option Agreement for my intellectual property rights?

Once you have established from a lawyer if you can protect your intellectual property rights, we can help you open talks with potential investors or parties who may want to…

Why are non-disclosure agreements important for your business?

Non-disclosure agreements (NDAs) indeed important for protecting intellectual property (IP). They play a crucial role in maintaining the confidentiality of sensitive information, which is essential for securing various IP rights,…

Are Franchising Agreements a good tool to help grow your business?

Franchising Agreements are not right for every business. However, it is useful to know what they are and when it may be appropriate to consider them further to help your…

Clarification on Animated Designs by the UKIPO

Protecting animated designs is a necessary development in this speedily evolving tech-world. In fact, the UKIPO Registered Designs Examination Practice Guide provides for such protection of both static and non-static…

10 things to check when reviewing a commercial contract

Commercial contracts are key to establishing a profitable and stable business relationship. They set out the terms on which two or more parties will trade and, ultimately, seek to avoid…

Guidance on Design Applications for Multi-Component Products: Understanding the Latest UKIPO Practice

The UK Intellectual Property Office (UKIPO) has recently released an updated Design Practice Note (DPN) that provides valuable guidance on the submission of design applications for products comprised of multiple…

Some like it grilled — or yet another battle for halloumi cheese

The Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v Fontana Food SE [2024] EWHC 2311 (Ch) The UK High Court recently rejected the appeals of…

Red Bull’s Wings are Clipped

A recent UK Intellectual Property Office (UKIPO) invalidity decision provides a good reminder in relation to non-use aspects of trade mark opposition and invalidity actions. An trade mark invalidity application…

Understanding Fair Dealing

When it comes to using copyright protected material, one of the most important concepts in English copyright law is fair dealing. Fair dealing is a legal standard that determines whether…

Copyright Exceptions: Commercial and Non-Commercial

Generally speaking, copyright laws give copyright holders the right to authorise or prevent copying of their work. However, there are certain exceptions where copyright protected material can be used without…

Keeping It Clean: How Morality Shapes Trade Mark Law

There’s nothing wrong with a bit of banter. In fact, many brands base their entire image on their tongue and cheek humour. However, when applying for a trade mark in…

Importance of Written Agreements

The importance of having any written agreements signed by both parties cannot be overlooked, especially in the creative industries, where it is common for parties to engage in discussions without…