Posts about Trademark Law

Immoral, Scandalous And Disparaging Trademarks

Did you know that in the recent past immoral, scandalous, or disparaging categories of marks could never be protected as trademarks, even after being used in the marketplace?

Distinctiveness v Descriptiveness In Trademark Law

Deciding on a business trademark can be a minefield for the uninitiated. Simply running a quick Google search to see if your prospective mark has been used by any other organization will not be enough to protect you from a filing objection.

Trademark Class 5 Goods Appeal To Both Average And High Attention Consumers

A look at the NOSTER - FOSTER Decision of the General Court of the Court of Justice (T-550/19) In Turkey we encounter a cliché judgement when examining the likelihood of confusion among trademarks when it comes to goods in class 5 of the Nice classification,“The consumer segment …

Understanding Bad Faith In EU Trademark Law

Running analysis on trademark activity in the European Union over the last decade, from 2010 to 2019, reveals that the market appears extremely healthy. The volume of new applications is growing steadily and at a relatively rapid rate. 

A Question Of Faith

On the issue of bad faith trademarks in the European Union, Advocate-General Sharpston, in her Opinion in Chocoladefabriken Lindt & Sprüngl v OHIM  stated:

More Than Just A Mark - Geographical Indications

“You could say that geographical indications are the Sleeping Beauty of the intellectual property world,” stated WIPO lawyer Marcus Höpperger at the start of the Beijing Symposium-2007.

☘️ St.Patrick's Day - A Global Celebration in Trademarks ☘️

Thanks to the survival of his autobiography, much is known about the life of St Patrick. It is thought his real name was probably Maewyn Succat. Born in Roman Britain, he was kidnapped by Irish pirates and sold into slavery as a herdsman. Six years later he escaped on a boat back…

A Tale Of Two USPTO Registers

The United States remains the leader when it comes to the world economy and for many businesses who are scaling up, entering the US market with their goods or service is the holy grail. 

Geographical Indicators In The Trademark World

You may not have heard the term geographical indicator (GI) before. However, as soon as you read the word ‘champagne’, you will know exactly what it refers to. That’s right; fizzy wine cannot be called champagne unless it is produced in the Champagne region of France, meaning a G…

5 Trademark Industry Trends to Watch in 2020

In the IP industry trends are important for a company's success and sustainability, as they are in all industries. IP law directly serves trade and the existence of intellectual property rights is directly related to the business activities of companies. In that sense, the IP ind…