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Latest News

No Stranger Thing Than Bad Faith in Trade Mark Law

Background On 27 June 2024, the UK Intellectual Property Office (UKIPO) issued a decision (under case reference O/0611/24) for a trade mark opposition case in which the opponent (Netflix Studios, LLC) had claimed the applicant (Zheng Shu) had filed a trade mark application in bad faith and contrary to the law of passing off. The mark in question was for the sign “Thinkingcaphellfireclub”, filed by Zheng Shu on 10 June 2022 in relation to toys and games.  It was opposed…

A Win Against TAT But No Bad Faith Here

Background This trade mark case involved an opposition based on Section 5(2)(b) as well as a claim for "bad faith" under Section 3(6). The opposition was partially successful under the Section 5(2)(b) ground, but the opponent’s lack of evidence meant that they were unable to establish bad faith and this claim under Section 3(6) failed in its entirety. Details On 8 September 2022, the Turkish applicant MEMİŞOĞLU TARIM ÜRÜNLERİ TİCARET LİMİTED ŞİRKETİ filed a UK trade mark application to register…

The Strategic Advantages of an IP Audit: Why Every Business Should Consider One

In today's highly competitive business environment, intellectual property (IP) is one of the most valuable assets a company can possess. From patents and trade marks to trade secrets and design rights, intellectual property forms the backbone of a company's innovation, branding, market position and success. However, many businesses fail to fully understand or manage their intellectual property assets effectively. This is where an IP Audit comes into play. An IP Audit is a systematic review of a company's intellectual property…

Can You Patent Software or an App? Here’s What You Need to Know

Can You Patent Software or an App? Here’s What You Need to Know We are asked routinely whether it is possible for a business or individual to patent software and obtain legal protection for it. In today's tech-driven world, software and applications are at the heart of many innovations. If you have developed a new piece of software or an application, one of the first questions you may ask yourself is: Can I patent this? The answer to patenting software…
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