Trade Marks

Udderly Bovine

The last few years have seen a massive rise in consumer interest in alternatives to traditional dairy products (for both health and conscience reasons). This has led to an explosion…

Corked! Trade Mark Application for ‘McBaileys’ Opposed

The makers of Bailey’s (the delicious Irish cream liqueur that goes down like water) have successfully opposed a trade mark application from Childrens Cancer Aid Limited (CCAL) for ‘McBaileys’. R…

Does the name ‘Miley Cyrus’ ring a bell?

In 2014 Smiley Miley Inc. (Miley Cyrus’s company) applied for the EU trade mark for, perhaps unsurprisingly, ‘Miley Cyrus’ to be used on CDs, software, calendars, and clothing among other…

Monkey Business

In the latest of a series of ongoing related cases, the renowned UK street artist Banksy has recently lost another case regarding his famous “monkey” images. Background One of his…

Different Domain Dispute Decisions: back to basics

A requirement of most domain name dispute resolution procedures is that the complainant (the person bringing the complaint) must have trade mark rights in the disputed domain name. In “DRS”…

Bad faith trade mark filings. Do not pass Go. Do not collect £200.

The EU courts have recently handed down a number of decisions clarifying what does and doesn’t constitute ‘bad faith’ when it comes to trade mark applications. WHAT IS BAD FAITH?…

Cats, noodles and a bit of bad luck

It is often said that cats have 9 lives however this doesn’t necessarily mean that they’re lucky. This was found to be the case by the owners of a new…

EUROPEAN SUPER LEAGUE TEACHES US A LESSON IN…TRADE MARKS!

The European Super League (“ESL”) has gone up in a ball of flames but there is no reason why that should happen to you and your business dreams. While the…

Burberry v Baneberry

The world-renowned British fashion chain Burberry has recently secured a rarely granted injunction in China restraining a competitor from using similar trade marks to its brand. Background The case was…

Help! I’ve received a Notice of Threatened Opposition, what do I do now?

Well, let’s start by explaining what a Notice of Threatened Opposition actually is… essentially it’s a form (called a TM7A if you’re interested) that potential opponents of a trade mark…

Bury AFC are winning battles on and off the pitch

Trade marks are not exclusive to big brands such as McDonalds, Coca Cola or Nike, but can in fact apply to every business across the world, including the independent coffee…

Battle of the Crypto Trade Mark

Wirex, one of the world’s leading cryptocurrency payment platforms, has been successful in its High Court trade mark infringement claim against Cryptocarbon Group and Bee-One UK Ltd, in respect of…

US theme park accuses Taylor Swift of Trade Mark Infringement

Taylor Swift may be a successful chart-topping songstress, but the ‘Shake it Off’ popstress cannot seem to shake off her legal issues. You may recall, not long ago (July 2020,…

How To Register Your Trade Mark Overseas

  When it comes to protecting your brand, registering a trade mark is essential. However, many clients often wonder how they can obtain a trade mark worldwide. It is important…

Brexit – Trade Marks & Designs… did the plan work??

For those of you who have been following the UK Intellectual Property Office’s post-Brexit plans (just me?) I’m sure you’re wondering, did it work? The short answer is yes, on…

THE DAVID AND GOLIATH OF FASHION: A FIGHTING BACK TALE

Now more than ever, emerging designers are victims of fast-fashion companies, which scout talents via social media and reproduce their designs for a quarter of their original price.

Shoes are made “for walking”… Duh!

For information on what rules a successful trade mark application needs to comply with contact Briffa.

Brexit and trade marks – a reminder

Brexit is back, actually it never left, and the end of the UK’s transition period (31 December 2020) is almost upon us

Use it or lose it – another cautionary tale from the EUIPO

Ferrari trade mark partially revoked for non-use - another cautionary tale from the EUIPO

Trade Mark Protection in China

For many years China was notorious for the lack of solid IP protection available to western brands. Squatters have been abusing the Chinese first-to-file trade mark system for years, obtaining…

Criminal Proceedings under The Trade Marks Act 1994 – When is this the right route?

Disputes can arise at a difficult time for the business, for the most part we are able to settle them on a commercial basis, either before or after the issue of civil proceedings.

Banksy and his uneasy relationship with IP

Banksy registered an image of a mural as a trade mark with the European Union Intellectual Property Office, in an effort to ‘control’ his art, but a greeting card company were having none of it!

The Crown says NO! – Absolute Royal Refusal

instructing an IP lawyer early on in the trade marking process is imperative as we are usually able to spot any potential red flags that may affect your application.

IP myth: Companies House registration protects your brand

IP myth: Companies House registration protects your brand