Trade Marks

Certification marks, what are they and how do they work?

Certification marks are powerful and, arguably, underutilised intellectual property rights. Unlike traditional trade marks, which signify origin, certification marks serve an important role in indicating that goods or services meet…

“MARICON PERDIDO” Trade Mark Denied: Morality and Distinctiveness in EUIPO’s Latest Decision

The Grand Board of the European Union Intellectual Property Office (EUIPO) recently ruled that the Spanish phrase “MARICON PERDIDO” (“hopeless faggot”) cannot be registered as a trade mark under Article…

An unlikely warrior

Cú Chulainn, Conor McGregor, Katie Taylor … Ireland is known for its fearless warriors. Well, they can all step aside for the newest champion: Supermac’s. Humble beginnings Supermac’s was founded…

What if I find a non-UK domain name using my trade mark?

Domain name disputes have become increasingly common in the digital age, where a domain name can be a valuable asset for businesses and individuals alike. These disputes often arise when…

Can I trade mark the shape of my product?

It is possible to protect the shape of a product as a trade mark, however there are specific requirements and limitations to consider. The shape must be distinctive and not…

Sky’s the Limit – SkyKick UK Ltd v Sky Ltd [2024] UKSC 36

The Supreme Court has delivered its much-anticipated judgment for SkyKick v Sky more than eight years after initial proceedings between the parties began in 2016. Following a raft of judgments…

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…

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,…

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.…

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…

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…

The Importance of a Trade Mark Clearance Search

The importance of brand protection should never be overlooked.  You create a new brand, spending copious amounts of time and money in registering the company, acquiring the relevant domains, creating…

Metaverse Trade Marks and IP Issues

The UK’s Intellectual Property Office has recently released a government-commissioned research report regarding metaverse trade marks and IP issues. As the metaverse continues to establish itself as a significant marketplace…

5 things to remember when choosing a brand name

Starting a business is hard, there are a million and one things to spend money on, decisions to make and hurdles to overcome however, the most important thing to decide…

Keep Milking It – Oatly Ab v Dairy UK Ltd, [2023] EWHC 3204 (Ch)

  In 2019, the company ‘Oatly’, known for their oat-based milk alternatives, filed an application for POST MILK GENERATION (the “Trade Mark”) in classes 29, 30 and 32. Dairy UK…

A chicken shop date in court: Morely’s v Nanthakumar and others

For fried chicken connoisseurs and Londoners out there, you will likely be familiar with the fried chicken shop Morley’s. What you might not know is that Morley’s have registered trade…

Help! There Are Similar Trade Marks Already Registered, What Should I Do?

The UK Intellectual Property Office has recently published a report showing that a record number of trade marks were registered last year, which represents a 75% increase from 2020. It…

Joint Ownership of Trade Marks: A Guide for SMEs and Creative Businesses

If you’re an SME or a creative business, owning a UK registered trade mark can be a powerful asset. But what happens when more than one party shares ownership of…

Trade Mark Infringement: The Complete Guide

  Have you seen a business using a name similar to yours? Or does their logo look like yours? Or have you received a cease-and-desist letter and you’re wondering what…

Unregistered Trade Marks in the UK: What Protection Do I Have?

  The Importance of Registering a Trade Mark Registering a trade mark for your brand name and/or logo when you establish your business is crucial. A registered trade mark grants…

Slaughter and the Dogs’ Dog Fight

For those of you that don’t know, Slaughter and the Dogs are an English punk band founded in 1975 who did not register their name as a trade mark (but…